logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.05.16 2017노968
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of the grounds for appeal (the punishment of the court below shall be six months, and the suspended sentence shall be two years);

2. The lower court rendered a sentence by taking into account the following circumstances: (a) the Defendant’s denial of the instant crime and did not seem to be against the Defendant; (b) the degree of injury to the victim was not excessive; and (c) the Defendant did not have any record of committing a crime heavier than a suspended sentence; and (d) other factors of sentencing as indicated in the instant records and arguments, including the Defendant’s criminal history, age, sexual conduct, environment, motive and means of the instant crime; and (b) the circumstances after the commission of the crime.

The reason for the improper sentencing of the prosecutor (in the absence of the nature of the crime, the fact that the defendant is not against the defendant, the victim's severe punishment, etc.) appears to have been sufficiently considered in the court below's determination of the punishment, and the above conditions of the sentencing have been significantly changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

arrow