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(영문) 창원지방법원 2016.02.18 2015노2539
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the court below on the defendant (ten months of imprisonment, two years of suspended sentence, and eight hours of social service) is too uneasible and unfair.

2. The court below determined the punishment by fully taking into account the circumstances surrounding the sentencing of the defendant as stated in detail on the grounds of the sentencing, and within the reasonable scope.

In addition, if the insurance company in which Defendant driver's vehicle was admitted considers the data on medical expenses and repair expenses to the victim of the traffic accident in addition to the circumstances submitted in the trial of the party, the sentence of the court below is too unfeasible and it is not deemed unfair.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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