beta
(영문) 창원지방법원 2016.11.24 2016노1684

폭력행위등처벌에관한법률위반(공동상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence for one year, two years of suspended sentence, and probation) is deemed to be too unhued and unfair.

2. In full view of the following facts: (a) the Defendant committed a number of repeatedly during the investigation and trial of violent crimes; (b) even though it is recognized that the Defendant did not agree with most victims; (c) the Defendant recognized his mistake and reflects it; (d) the Defendant did not have any record of criminal punishment other than a fine once; (c) the Defendant agreed with the victim I; (d) the Defendant is faithfully receiving medical treatment of diseases, such as shock disorder, which are the cause of the instant crime; and (e) the Defendant’s age, character and conduct, environment, and other matters concerning the sentencing specified in the records and arguments of 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.