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(영문) 창원지방법원 2016.01.28 2015노1897

폭행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Although it is recognized that the defendant denied the crime due to a vindication that does not fit the initial situation, that there was no agreement with the victims, that the defendant did not agree with the victims, and that there was a need to punish the same kind of crime again even though many criminal offenses were committed, it is recognized that the defendant reverses his statement at the trial date of the lower court twice in the lower court, confessions the facts of the crime, confessions and reflects the facts of the crime, the degree of damage is not severe, the defendant is suffering from a mix-type disorder, and there are circumstances to be considered as requiring mental and medical treatment, and these symptoms are likely to have affected the crime of this case. At present, it is currently being treated by hospitalization at the National Busan Hospital, and other various circumstances such as the defendant's age, environment, sex, motive for the crime, and circumstances before and after the crime, etc., it is not recognized that the lower court's punishment is unfair because it is too unreasonable.

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