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(영문) 창원지방법원 2016.05.19 2016노357

상해등

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 in six months of imprisonment, and observation of protection) is deemed to be too unhued and unfair.

2. We examine the judgment, the fact that the defendant did not agree with the victim, the fact that the defendant had the same criminal records and 12 times before the victim is a disadvantageous reason for sentencing, and the fact that the defendant led to the confession of the crime, and the degree of injury of the victim is not much severe is a favorable reason for sentencing.

In full view of the above factors, as long as new sentencing data are not submitted in the trial at the above trial, it is reasonable to respect the sentencing of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015); Defendant’s age, family relationship, economic situation, circumstances leading to the crime and motive; and all other matters concerning the sentencing as indicated in the records and arguments of this case, the prosecutor’s assertion is without merit, since the lower court’s punishment is deemed appropriate.

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.