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(영문) 창원지방법원 2016.08.11 2016노1203
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment and two years of suspended sentence) is too unhued and unfair.

2. The Defendant had a record of having been sentenced to the punishment of a fine of KRW 700,00 won for the same crime in October of 2003 due to the crime of injury in 2003 and the same crime in 2013. While having been punished by a fine of KRW 2 million due to driving under the influence of alcohol in 201, the Defendant again committed each of the instant crimes of the same kind. The Defendant is disadvantageous to the Defendant that the alcohol concentration in the blood while driving the instant drinking was very high to 0.141% at the time of driving the instant drinking.

However, in full view of the following circumstances: (a) the Defendant led to confession of and reflect on the facts constituting the offense in this case; (b) was detained by the instant crime and was detained in prison for a week; (c) the Defendant disposed of the vehicle after the instant crime and did not repeat the offense; (d) the Defendant agreed smoothly with the victim G of the crime interfering with the performance of official duties; and (e) other various circumstances, which are the conditions for sentencing specified in the instant records and arguments, including the Defendant’s age, environment, sex behavior, motive for the crime, and circumstances before and after the crime, are deemed unfair.

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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