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(영문) 창원지방법원 2015.06.11 2014노1750
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the grounds for appeal asserts that the penalty (five million won of a fine) declared by the court below is too unhued and unreasonable.

2. The judgment of the Defendant committed the instant bodily injury even though he/she was sentenced to one year of suspended sentence for four months of imprisonment on October 2, 2013, which became final and conclusive on January 24, 2014, even when he/she had been in the period of suspended execution. It is recognized that the Defendant had been punished several times for various crimes, such as violation of the Punishment of Violences, etc. Act, bodily injury, larceny, violation of the Act on the Punishment of Violences, etc., Act on Prevention of Prostitution, etc., obstruction of performance of duties, crime of property damage, crime of interference with business

However, in light of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) the degree of injury to the victims is relatively excessive; (c) the victims do not want the Defendant’s punishment; and (d) there are family members to support the Defendant; and (b) there are no special circumstances or circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment; (d) the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense; and (e) the circumstances surrounding the argument and the sentencing indicated in the record of the instant case, such as the circumstances after the crime, are considered as being committed, and thus, the sentence imposed by the

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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