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(영문) 창원지방법원 2016.11.10 2016노1610

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of suspended sentence in four months of imprisonment) is too unhutiled and unfair.

2. Determination is based on the following facts: (a) the victim did not agree with the victim; (b) the criminal records of the same kind and four times are disadvantageous grounds for sentencing; (c) the defendant led to the confession of the crime; (d) the degree of injury suffered by the victim is not much serious; and (e) there are no criminal records exceeding the fine exceeding the fine.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments in this case, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.