beta
(영문) 창원지방법원 2019.07.10 2019노901

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unhued and unreasonable.

2. The lower court rendered a sentence by taking account of the following circumstances: (a) under favorable circumstances in which the Defendant recognized a crime; (b) there was no past record of a suspended sentence or heavier punishment; (c) the Defendant committed a crime again despite having been punished several times due to violent crimes; and (d) there was no effort to recover from damage.

The grounds for unfair sentencing alleged by the prosecutor appear to be the circumstances in which the lower court determined the Defendant’s punishment, and there are no other circumstances to deem that the above sentencing conditions have changed, and the lower court’s punishment is reasonable within the reasonable scope of its discretion, considering the above sentencing conditions.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.