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(영문) 창원지방법원 2016.06.21 2016노632
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment (1.5 million won in penalty) of the court below is too unhued.

2. We examine the judgment, the fact that the defendant committed the crime of this case during the period of suspended execution due to violent crimes, the fact that the defendant did not agree with the victim is an unfavorable reason for sentencing, and that the defendant is against himself/herself while making a confession of the crime, and that the degree of assault is not excessive is a favorable reason for sentencing.

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering 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 as indicated in the records and arguments of this case.

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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