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(영문) 창원지방법원 2017.01.19 2016노1804

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution in the month of imprisonment with prison labor, two years of suspended execution, and forty hours of community service) is deemed to be too unhued and unreasonable.

2. It is a favorable reason for sentencing that the court below deposited KRW 4 million for the victim and additionally deposited KRW 2 million in the trial. The degree of injury suffered by the victim is more serious, the absence of agreement with the victim, the second time of violence is a reason for sentencing unfavorable to the victim, and that the confession of the crime is against the victim, and that the court below deposited KRW 4 million for the victim and additionally deposited KRW 2 million in the trial.

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

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