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(영문) 창원지방법원 2015.10.07 2015노1336

상해

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too unhued and unreasonable.

2. The crime of this case is deemed to have been committed by the victim E, who is a subsequent jury, on the ground that the defendant expressed the victim's desire to do so to the defendant several occasions, has taken the victim's face at the defendant's house several times, has taken away the victim's face in the roadside, has taken a variety of times, has taken over the face of the victim's face, has taken a variety of times, has taken about about eight weeks of treatment, and has inflicted injury on the victim, such as the right side inside the right side and the opening of the floor. The degree of the victim's injury has not been agreed, and the victim has not been punished against the defendant.

However, the Defendant, who has no record of criminal disposition of suspension of qualifications or more, recognized the instant crime and reflects it, deposited five million won for the victim, and the family and branch members of the Defendant want to take the action against the Defendant.

In addition, considering the following circumstances, such as the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

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