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(영문) 창원지방법원 2014.10.08 2014노1223

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant is too uneasible and unfair.

2. The instant crime is an unfavorable circumstance to the Defendant, where the Defendant took the face of an elderly victim by drinking, thereby causing an injury in need of approximately four weeks of treatment, and where the degree of damage to the victim is not provided to the victim.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) there is no criminal history; (c) there is no criminal history; (d) there is a first-class disability of brain 1; and (e) the victim’s family members demand the prevention of recurrence without the Defendant’s punishment; and (e) other factors of sentencing specified in the instant records and arguments, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as being too unreasonable.

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