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(영문) 창원지방법원 2016.09.08 2016노1100
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the court below's judgment is erroneous in the misapprehension of legal principles as to the defendant's intentional residential intrusion, the court below's judgment is erroneous in the misapprehension of legal principles.

B. The sentence of the judgment of the court below on unreasonable sentencing (two years of suspended execution in six months of imprisonment, probation, and 40 hours of attending the insulgrative violent therapy course) is too uneasible and unfair.

2. Determination

A. We examine the judgment of the court below as to the misapprehension of the legal principle, and the prosecutor also asserted the same as the above grounds for appeal, and the court below rejected the prosecutor's assertion in light of the circumstances as stated in its reasoning.

Examining the judgment of the court below closely with the records, the judgment of the court below is just and acceptable, and the prosecutor's assertion is without merit.

(Additional Part: After the victim agreed to live together with the defendant, the victim reported the motion picture at the house with the defendant and prepared for the life of the defendant. It is difficult to see that the victim had the intention of intrusion upon the defendant solely on the escape of the defendant from the crime.

On the other hand, we examine the argument of unfair sentencing. The crime of this case is derived from excessive gathering of injury against the victim, and the crime of this case is not good, and the defendant's criminal records and four times the same criminal records and crimes are disadvantageous grounds, and the defendant is opposed to the confession of the crime, the victim does not want the punishment against the defendant, and the degree of injury does not focus on the degree of punishment is favorable grounds for sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments in this case, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit.

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