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(영문) 창원지방법원 2018.07.18 2018노936
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing (the sentence of the lower court is 2 years, and the Defendant, at the first trial date, withdrawn the assertion of mental or physical disorder) of the gist of the grounds for appeal

2. The lower court rendered a sentence by taking into account the following circumstances: (a) the Defendant’s appearance was bad; (b) the Defendant’s confession and reflects the Defendant; and (c) the victims do not want the Defendant’s punishment; and (d) other various sentencing conditions specified in the records and arguments, including the Defendant’s criminal history, age, sexual conduct, environment, motive and means of the crime; and (b) circumstances after the crime.

The grounds for unfair sentencing (the health conditions of the defendant, the reflectivity, etc.) asserted by the defendant are shown to be the reasons that the court below already considered in determining the punishment against the defendant, and the above conditions of the sentencing have changed in the trial.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

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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