logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2013.11.07 2013노1442
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant had five previous convictions in the same kind; (b) the Defendant threatened the wife of the victim B (hereinafter “victim”); (c) on January 7, 2013, received a summary order of KRW 1,500,000 from the Changwon District Court, which was issued a fine of KRW 1.5 million on January 7, 2013, each of the instant crimes was committed; and (d) the Defendant denied each of the instant crimes and did not reach an agreement with the victim; (b) in light of the fact that the Defendant did not reach an agreement with the victim,

2. Taking into account the circumstances alleged by the prosecutor, considering the following circumstances: (a) the victim’s damage or injury caused by each of the crimes of this case is minor; (b) the defendant does not repeat the crime; (c) the defendant supports his wife and children separately; and (d) the character, conduct and environment of the defendant; (b) the background and result of each of the crimes of this case; and (c) the circumstances of sentencing as indicated in the records and arguments, it cannot be deemed that the sentence imposed by the court below is unjustifiable, and thus, the prosecutor’s above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

(However, among the judgment below, Article 347 (1) of the Criminal Act is clearly stated in the first sentence's "Article 257 (1) of the Criminal Act". Thus, the court below's dismissal ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure is corrected.

arrow