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(영문) 창원지방법원 2015.04.29 2015노221
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence in October, and probation) of the lower court’s sentence is deemed unreasonable.

2. Each of the crimes of this case committed under the influence of alcohol by the Defendant, who assaults or inflicts an injury on her mother, sheshesheet, and her Ne residents several times, and damages the her Ne residents’ shock network, and in light of the relationship with the victims, etc., the crime is not good, and the responsibility for the crime is also heavy. However, the Defendant led to confession and reflect by the Defendant, the Defendant agreed with the victims at the time of the trial, and the victims wished to have the Defendant’s address, and the Defendant appears to support the mother who was affected by the disease due to alcohol dementia, Alhnz’s dementia, etc., and other favorable circumstances such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment imposed by the lower court cannot be deemed to be excessively unreasonable, considering various sentencing conditions stated in the records and arguments of this case.

Therefore, the prosecutor's assertion of unfair sentencing 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.

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