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(영문) 창원지방법원 2020.06.26 2019노2770
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor) of the lower court’s punishment (five million won of a fine) is too unfilled and unreasonable.

2. Determination of the instant crime is disadvantageous to the following: (a) the victim suffered an injury that requires approximately 21 days’ medical treatment; (b) the perpetrator is a crime during the period of repeated crime; and (c) the criminal records related to violence are several times.

On the other hand, the fact that the defendant reflects the mistake, that the victim does not want to punish the defendant, and that the victim has inflicted injury on the victim in the course of protesting against it by exercising violence first against the defendant.

In full view of these circumstances and all of the sentencing conditions indicated in the instant argument, the lower court’s punishment cannot be deemed as being too uneasible and unreasonable.

3. As such, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit.

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