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(영문) 창원지방법원 2019.03.21 2018노2484
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to a polar disorder, etc.

(b) Unreasonable sentencing (which reflects on, and does not repeat, a crime).

2. Determination

A. In full view of the criminal history and method of the instant crime, the content of the crime, and the conduct before and after the instant crime, which may be recognized by the record as to the assertion of mental and physical disorder, the Defendant cannot be deemed to have reached the crime under the state that the Defendant had the ability to discern things or make decisions at the time of

This part of the defendant's assertion is not accepted.

B. Even if the Defendant’s decision on the assertion of unfair sentencing considers circumstances favorable to the grounds of appeal, the lower court appears to have determined the sentence within a reasonable scope, taking full account of all the circumstances regarding the sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

We cannot accept the defendant's assertion that the sentencing of the court below is improper.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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