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(영문) 창원지방법원 2017.04.20 2016노3105
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (a 3 years of suspended sentence in the month of imprisonment with prison labor, a 2-year observation of protection, a 80-hour community service) is deemed to be too uneasy and unfair.

2. Determination: (a) there is a reason for unfavorable sentencing such as bad quality of the crime, such as that the victim in a related relationship suffers injury on several occasions; (b) there is four times of violence criminal records; (c) however, there is a reason for unfavorable sentencing, such as the confession of the crime by the defendant; (d) the victim expressed his intention not to be punished by the defendant in the police, the lower court and the trial; (e) the victim is scheduled to marry with the defendant; (d) three times of violent crimes are not less than 20 years; (e) there is no criminal conviction exceeding the suspension of the execution of imprisonment; and (e) three times of violent crimes are presumed to be suffering from mixed, uneasiness and depression; and (e) the results are presumed to have low risk of recidivism and desirable social treatment before the judgment was conducted; (e) the punishment of the lower court is determined to be appropriate; and (e) the public prosecutor’s assertion has no reason to believe that there is no additional change in circumstances in the final 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.

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