(영문) 창원지방법원 2018.10.31 2018노768 | 리걸엔진

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Reasons

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자간(%)

(영문) 창원지방법원 2018.10.31 2018노768

상해

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The prosecutor's appeal is dismissed.

Reasons

1. Improper sentencing of the gist of reasons for appeal (the punishment of the court below: Six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service);

2. The lower court determined that the Defendant did not compensate the victim for the damages even if the Defendant did not put the victim in a bruption. However, considering the circumstances favorable to the Defendant’s past 20 years of violence and three times of violence, the lower court determined the sentence by taking account of the motive, means and result of each of the instant crimes, circumstances after the commission of the crime, the Defendant’s age, sexual behavior, intelligence and environment, and other various sentencing conditions as shown in the records and arguments.

The reason for the improper sentencing (the gravity of a crime, the poorness of a crime, the victim's severe punishment, etc.) alleged by the prosecutor appears to have been sufficiently considered in determining the sentence against the defendant by the court below, and the above change in the above sentencing condition was otherwise changed.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The prosecutor's appeal to the conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit, and it is so decided as per Disposition (if there is any clerical error or omission in the application of the law of the court below, it is evident that there is a clerical error or omission in the application of the law of the court below. Thus, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the "1. Protection observation and community service order" of the 2nd sentence of the court below as "1. community service order" among the "Article 25 (1) of the Regulation on Criminal Procedure" of the 2nd sentence of the 13th sentence, and the same 14th sentence is corrected as "Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the

참조조문

-형법 제62조의2 제1항

-형사소송규칙 제25조 제1항

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