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(영문) 창원지방법원 2017.04.26 2017노519
특수상해
Text

The appeal by the defendant and the prosecutor shall be dismissed, respectively.

Reasons

The court below ruled unfair sentencing (the defendant withdrawn his argument other than unfair sentencing on the first trial date of the trial of the first instance court) based on the summary of the grounds for appeal (the defendant revoked his argument other than unfair sentencing), considering the very dangerous method of crime, the defendant's past record of criminal punishment several times as violent crimes, and considering the favorable circumstances that the defendant led to confession of and reflect against the crime.

It was difficult to find out ways to commit a crime against the victim or recover damage due to the circumstances unfavorable to the defendant's failure to make efforts to recover damage, but it was difficult to find out the ways to commit a crime against the victim or recover damage due to the weakness of social relations.

Taking account of the difficulty in deeming the lower court’s sentencing, in full view of the following factors: (a) the lower court’s sentencing, such as oil, Defendant’s age, sex, intelligence and environment, relationship with victims, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, is difficult to deem that the lower court’s punishment is heavy or unreasonable

Therefore, the defendant and the prosecutor's argument are without merit.

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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