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(영문) 창원지방법원 2018.03.28 2017노3714
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court, based on the following factors: (a) the Defendant had a number of criminal records of the same kind; (b) the victims were considered at a disadvantage; and (c) the Defendant’s age, sexual conduct, environment; (d) motive and means of the crime; and (e) the circumstances after the crime, etc., determined a sentence (1.5 million won) by taking into account various sentencing conditions as shown in the records and arguments.

The reason for the court below's improper sentencing, as claimed by the prosecutor, seems to have already been taken into account in determining the punishment against the defendant, or the above conditions of sentencing have changed.

In addition to the above circumstances, the sentence of the court below is reasonable within the reasonable scope of discretion, considering the fact that the defendant is against the above conditions of sentencing.

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

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