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(영문) 창원지방법원 2017.09.14 2017노1672

특수상해

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 sentence for one year, observation of protection, and community service work for one hundred and sixty hours) is deemed to be too uneasy and unfair.

2. The judgment below's punishment is deemed to be appropriate, and there is no change in circumstances to consider in the trial, and the prosecutor's assertion is without merit, in full view of all favorable sentencing factors, such as the defendant's age, family relation, economic situation, circumstances and motive leading up to the crime, and all other matters concerning the sentencing as indicated in the records and changes of the records of this case. However, the court below's punishment is determined to be appropriate, and there is no change in circumstances to be considered in the trial.

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.