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(영문) 창원지방법원 2017.11.09 2017노2533

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment and two years of suspended sentence) is too unhued and unfair.

2. One-time fine due to the driving of alcohol, one-time suspension of execution, and one-time suspension of execution due to the crime of injury by the defendant, while the defendant escaped from the crackdown on drinking, the defendant's refusal of the measurement of drinking is disadvantageous to the defendant, such as the fact that it is not good that the defendant's refusal of the measurement of drinking even though he was arrested as an offender in the act of committing the crime, and that it is not good that the defendant's refusal of the measurement of drinking is not good;

However, in full view of various circumstances, such as the fact that the Defendant recognized the entire crime, the degree of injury of the victim, and the degree of injury of the victim, the fact that the Defendant agreed with the victim, the fact that the Defendant disposed of the vehicle driven by the Defendant, and other circumstances that are conditions for sentencing as shown in the records and arguments of this case, such as the Defendant’s age, environment, sex, circumstances before and after the crime, etc., it is not recognized that the sentence imposed by the lower court is too una

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.