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(영문) 창원지방법원 2014.02.13 2013노2470
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (six months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too unfortunate and unreasonable.

2. The following facts are acknowledged: (a) the Defendant had been punished by imprisonment with prison labor, suspension of execution, and fines several times for the same kind of crime; and (b) the Defendant was sentenced to six months from the Changwon District Court’s Chang Branch Branch on July 20, 201 to a repeated crime on December 11, 201, even though the execution of the above punishment was completed on December 11, 201, and even during the repeated crime period, it is not good for the Defendant to repeatedly commit each of the instant frauds, etc. in the same type of crime.

However, in full view of various circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive, background, means, method, method and consequence of the crime, circumstance before and after the crime, criminal record relation, etc., the sentence imposed by the lower court is somewhat inappropriate, and thus, the Prosecutor’s allegation of unfair sentencing is not reasonable, and the Defendant’s assertion of unfair sentencing is justified. The Defendant’s assertion of unfair sentencing is without merit.

3. In conclusion, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal of this case is well-grounded. The prosecutor's appeal shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the prosecutor's appeal is without merit. However, inasmuch as the judgment of the court below is reversed by accepting the defendant's appeal

Criminal facts

The summary of the evidence and facts charged by this court and the summary of the evidence are as shown in each corresponding column of the judgment below.

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