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(영문) 창원지방법원 2013.12.12 2013노1907
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentencing of the lower court (short-term six months of imprisonment with labor for a maximum of eight months) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant recognized all of the instant crimes and against his mistake; and (b) the Defendant was an initial offender who had no criminal history.

However, in full view of the following: (a) the Defendant’s face, etc. at several times, support the victim’s arms as tobacco, etc.; (b) the nature of the crime of this case is not good; (c) the degree of injury suffered by the victim is not less than that of the Defendant; and (d) the Defendant did not agree with the victim up to the trial; and (c) the Defendant did not agree with the victim until the trial; and (d) the circumstances that the Defendant endeavored to pay for damage; and (c) other factors of sentencing as indicated in the argument of this case, such as the Defendant’s age, character, conduct, intelligence and environment, motive, background, means, method, method, and consequence of the crime; and (d) the criminal records and conditions before and after the crime, etc.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is groundless. It is so decided as per Disposition.

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