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(영문) 창원지방법원 2016.09.22 2016노1229
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (3 million won in penalty) of the court below is too unfilled.

2. Determination is based on the following: (a) the Defendant did not agree with the victim; and (b) the Defendant’s previous offense was 17 times a more unfavorable sentence; and (c) the Defendant led to the confession of the offense, and there is a favorable reason for sentencing.

In full view of the above factors, as long as new sentencing data are not submitted in the trial at the above different sentencing grounds, it is reasonable to respect the sentencing of the court below, the defendant's age, family relationship, economic situation, circumstances and motive leading to the crime, records of this case, and all other matters regarding the sentencing indicated in the previous arguments, the prosecutor's assertion is without merit, since the punishment of the court below is deemed appropriate.

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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