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(영문) 창원지방법원 2020.04.09 2019노2363
특수폭행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. In the appellate court’s determination, where there is no change in the sentencing conditions compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant had been punished several times for the same kind of crime (two times a suspended sentence of imprisonment, fine 17 times), the victim D, and E did not receive any use from the victim D, and the Defendant appears to have been frighting to the residents living in the neighborhood while under the influence of alcohol, and that the Defendant’s failure to cast the happiness to the residents living in the neighborhood is disadvantageous to the Defendant.

However, the fact that the defendant recognized all of the crimes of this case and decided not to repeat the crime, that it was agreed with the victim F, that it was treated due to the existence of alcohol, etc. is favorable to the defendant.

In addition, in full view of the following facts: the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. in this case’s records and arguments, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, the sentence imposed by the lower court cannot be deemed as being too heavy or unreasonable.

The defendant and prosecutor's assertion are without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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