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(영문) 창원지방법원 2015.01.28 2014노2529

폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspended sentence of KRW 1,00,000,000) of the lower court is unreasonable as it is excessively unfilled.

2. The crime of this case committed by the defendant living together with the victim, on the ground that the victim was pregnant while living together with the victim, but the victim was salved and salved with the victim's head and salke, etc. by hand, and broken the victim's cell phone, and there is no agreement with the victim that the defendant did not have reached an agreement with the victim, and there is no fact that the defendant restored the victim's damage to the victim until the trial.

However, a favorable circumstance is recognized, such as that the Defendant, as a primary offender, recognized all of the instant crimes and reflected them, and that the damage caused by the instant crime is relatively minor, and that the Defendant was partly exempted from considering the circumstances leading to the occurrence of the instant crime. In full view of the following circumstances, considering the Defendant’s age, character and conduct, the means and consequence of the instant crime, and the circumstances after the commission of 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 dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.