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(영문) 창원지방법원 2016.06.02 2016노680
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (4 months of imprisonment) is too unfased and unreasonable.

2. In light of the judgment, it is recognized that the Defendant was sentenced to three years of imprisonment with prison labor for violent crime, and the Defendant committed the instant crime committed while serving a prison officer performing duties without being well aware of it, and that the record of disciplinary action is seven times in prison life due to violence, etc. during prison life, and the victim appears to have suffered a serious wound in the sense of pride as a correctional official.

However, in full view of the fact that the defendant reflects his/her criminal act, the injury suffered by the victim does not focus on the degree of the injury due to the injury caused by an oral treatment for about two weeks, damage to the reputation of the mouth, etc., and all other matters concerning the sentencing specified in the defendant's age, sexual conduct, and other records and arguments on the change of the records of this case, the prosecutor's assertion is without merit.

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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