beta
(영문) 창원지방법원 2018.12.13 2018노1515

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing of the grounds for appeal (as to the guilty part of the judgment below)

2. Even if the judgment prosecutor considers the circumstances that are favorable on the grounds of appeal, the lower court appears to have determined the sentence within a reasonable scope, taking full account of the overall circumstances regarding sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

We do not accept the prosecutor's argument that the sentencing of the court below is unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

B. In the application of the law of the lower judgment, the phrase “Article 257(1) and Article 260(1) of the Criminal Act” in the part of “the pertinent provision of the law concerning the 1. criminal facts” in the application of the law of the lower judgment is apparent that the phrase “Article 257(1) and Article 260(1) of the Criminal Act” is a clerical error in the context of “Article 257(1) and Articles 261 and 260(1) of the Criminal Act (special assault) of the Criminal Procedure Act, and thus, ex officio correction is made in accordance with