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(영문) 창원지방법원 2017.07.20 2017노893

The prosecutor's appeal is dismissed.


1. The summary of the grounds for appeal is that the sentence imposed by the court below on the Defendants (two years of suspended sentence in six months of imprisonment) is too unhued and unfair.

2. Defendant B assaulted the victim on the ground that the victim was not the victim of the examination on his own to ordinary neighbors. Since then, the Defendants, the married couple, jointly for the above reasons, inflicted an injury upon the aged victim with the heavy attention of eight weeks, did not reach an agreement with the victim, and the victim wanted to have reached an agreement with the victim, which is disadvantageous to the Defendants.

However, in full view of the following circumstances: (a) the Defendants recognized both the crimes; (b) the Defendants deposited KRW 6 million in total for the victims; (c) the Defendants paid the money collectible to the National Health Insurance Corporation (the amount paid to the victims by the National Health Insurance Corporation as medical expenses incurred by the injured persons) from May 2017 to KRW 1,50,000 per month; (d) the Defendants did not have any history of punishment exceeding the fine; and (e) other various circumstances that form the conditions for sentencing specified in the instant records and arguments, such as the Defendant’s age, environment, sex, criminal conduct, circumstances before and after the commission of the crimes, etc., the sentence imposed by the lower court is too unabb

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.