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(영문) 창원지방법원 2016.08.24 2016노1341
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (nine months of imprisonment, and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. The following facts are favorable: (a) the Defendant recognized all of the instant crimes; (b) the Defendant did not have any other penal force except for those sentenced twice to a fine due to the crime of injury; (c) the Defendant resulted in the instant crimes under the mental and physical weakness due to editing assistance; and (d) the Defendant appears to have faithfully served as a fire officer for about twenty (20) years.

However, the Defendant had a mental and physical weakness at the time of committing the instant crime.

One of the reasons is that it is difficult to readily conclude that there is no risk of re-offending in light of the following: (a) the nature of the crime is not very good; (b) the victims cannot agree with the victims; and (c) the Defendant’s mental and physical condition or family relationship, etc., without any reason.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair as it is too unreasonable.

3. In conclusion, 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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