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(영문) 창원지방법원 2014.05.22 2013노2436
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The Defendant’s crime of this case, without any special reason, has no reason to consider that the Defendant inflicted an injury on the victim, and the Defendant has a record of 18 times of punishment due to the same criminal act (six times of imprisonment, six times of suspended sentence of imprisonment, two times of suspended sentence of imprisonment, ten times of fine), etc. is disadvantageous to the Defendant.

However, considering the following circumstances: (a) the Defendant agreed with the victim and the victim wanted the Defendant’s wife; (b) the degree of injury of the victim is very heavy; (c) there is a family member to support the Defendant; and (d) the Defendant reflects his fault; and (c) there is no special circumstance or circumstance newly considered in sentencing after the decision of the lower court; and (d) there is no change in the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime; and (e) various circumstances that form the conditions for sentencing as indicated in the present argument and the record, such as the circumstances after the crime, etc., the sentence imposed by the lower court

Therefore, prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.

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