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(영문) 창원지방법원 2014.07.23 2014노421
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the community service order of eight months of imprisonment, two years of suspended execution, and one hundred and sixty hours of imprisonment) is deemed unreasonable.

2. The crime of this case is a case where the defendant intrudes on the residence of the victim who had been a studio in the past, thereby causing injury to the victim, such as the floor of hand and drinking, and the cage cryp, which requires four weeks of treatment. The crime of this case is a case where the victim was off and flapsed with clothes stored in the victim, and the method of the crime is plebling and flaging so that the victim suffered substantial physical and mental damage due to the crime of this case, and the defendant did not agree with the victim, and the victim wanted a severe punishment against the defendant.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, family relationship, environment, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, it is difficult to deem that the lower court’s punishment is unreasonable because it is too unreasonable, considering the following circumstances: (a) the Defendant did not have any previous conviction or sentence, if he had been sentenced to more than the same criminal conviction and imprisonment for more than 30 years; (b) the Defendant paid or deposited a total of 2 million won to the victim to recover damage caused by the instant crime at the investigation stage and the lower court; and (c) the Defendant deposited a total of 1.5 million won to the victim for more than 1.5 million won in the trial.

Therefore, 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 as it is without merit. It is so decided as per Disposition.

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