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(영문) 창원지방법원 2019.07.10 2019노899
폭력행위등처벌에관한법률위반(상습상해)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The lower court rendered a sentence by taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the sentencing guidelines established by the Supreme Court sentencing committee, by taking into account the following factors: (a) the Defendant had a record of having been punished several times for the same kind of crime; (b) several victims during the period of repeated crime; and (c) the degree of some victims’ injury was not less than that of certain victims;

The grounds for unfair sentencing alleged by the Defendant and the prosecutor seem to be the circumstances in which the lower court has already taken full account of the Defendant’s punishment.

The court below determined the punishment within a reasonable scope by taking into account the circumstances favorable to the defendant with respect to the sentencing of this case, and there are no circumstances to deem that the above conditions of sentencing have changed in the appellate court.

Therefore, the Defendant and the prosecutor’s assertion cannot be accepted, since the lower court’s punishment is heavy or light.

3. As such, the appeal 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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