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(영문) 창원지방법원 2020.09.11 2020노1280
특수상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal (half months of imprisonment) asserts that the Defendant is too uncompacted and unreasonable, and the prosecutor asserts that the lower court’s punishment is too uneased and unreasonable.

2. The circumstances are that the Defendant, who completed the execution of imprisonment with prison labor due to the crime of injury on May 17, 2018, committed the instant crime on September 6, 2019 during the repeated crime period; the victim was injured for about 28 days by the instant crime; and the Defendant was punished for violent crimes several times.

On the other hand, the fact that the defendant reflects the defendant's wrong, that the defendant paid 10 million won to the victim, that the defendant has agreed to do so, that drinking and violent inclination has deteriorated after traffic accidents and brain surgery, that the treatment of drinking problems is needed, and that it is not good for the defendant to lose awareness of the function of the future.

In full view of these circumstances and all of the sentencing conditions expressed in the instant argument, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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