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(영문) 창원지방법원 2017.12.27 2017노2989

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence by taking into account the circumstances favorable to the Defendant’s agreement with the victim, taking into account the following factors: (a) the Defendant’s age, environment, motive, means and consequence of the commission of the crime; and (b) the conditions of sentencing, including the circumstances after the commission of the crime.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The circumstances asserted by the prosecutor on the grounds of appeal have already been taken into account in the original court, such as the fact that the defendant had committed the same kind of violence including suspended execution, and the nature of the crime of this case is not good, so the conditions of sentencing mentioned above in the original court have changed.

It is difficult to see it.

In light of the above sentencing conditions, the lower court’s sentence cannot be deemed unfair because it is too unffortunately unfortunate.

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.