beta
(영문) 창원지방법원 2016.09.01 2016노1067

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. In light of the judgment, the fact that the degree of injury suffered by the victim is not less and less severe is the reason for sentencing unfavorable to the victim. The fact that the defendant led to the confession of the crime, the fact that the defendant agrees with the victim, and the primary fact is the reason for sentencing favorable to the victim.

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.