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(영문) 창원지방법원 2018.08.22 2018노918
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing the sentencing of the grounds for appeal (the sentence of the lower court: a fine of KRW 3,00,000)

2. The lower court rendered a sentence by taking into account the following circumstances: (a) under the circumstances: (b) the Defendant suffered injury by assaulting the victim on several occasions, and thus, the case is not easy; (c) the Defendant committed re-offending without being aware of the history of punishment, including the suspension of the execution of imprisonment for various violent crimes; (d) the Defendant has committed a crime of de facto violation; (c) the Defendant has lost his/her self-defense power and committed a contingent crime by breaking out his/her ability with the victim; (d) the victim appears to have been committed by breaking out his/her self-defense power; (e) the victim was paid KRW 4,00,00 and paid KRW 4,00 to the victim; and (e) the victim does not want the punishment of the Defendant; and (e) the extent of the previous five years of the previous criminal records during the same kind of crime is less than one case, taking into account the Defendant’s age, sex, environment, motive and means of the crime; and (e) the circumstances after

The grounds for the improper sentencing (the seriousness of the case, the record of the crime, etc.) alleged by the prosecutor are shown to have been sufficiently considered in determining the sentence against the defendant, and the above conditions of the sentencing have changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the 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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