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(영문) 창원지방법원 2017.11.22 2017노2216
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence by taking account of the following: (a) the victim’s first assaulted the Defendant; (b) the victim’s working club fee is the Defendant; (c) the Defendant does not want the Defendant’s punishment; (d) the Defendant has no record of criminal punishment, other than once sentenced to a fine due to driving of alcohol; and (e)

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

Considering the fact that the economic situation is not sufficiently sufficient due to marriage, etc. of the defendant, and that the victim wants the defendant's wife in the trial, the sentencing conditions prior to the trial have been significantly changed.

It is difficult to see the above sentencing, and when considering the above sentencing as a whole, it cannot be deemed unfair because the sentence of the court below is too unreasonable.

Therefore, the defendant's above 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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