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(영문) 창원지방법원 2018.04.25 2018노418
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing the sentencing of the gist of the grounds for appeal (the sentence of the lower court: a fine of seven million won);

2. The lower court, under the favorable circumstances in which the Defendant recognized and reflected the instant crime, determined a sentence by taking into account the circumstances that the Defendant had been punished for violent crimes several times, and taking into account the Defendant’s age, sex, environment, motive and means of the instant crime, circumstances after the crime, etc., and taking into account various sentencing conditions as shown in the instant records and arguments.

The grounds for unfair sentencing (such as the poor quality of crime, criminal record, the risk of recidivism, the agreement, etc.) alleged by the prosecutor are shown to have been sufficiently considered in determining the sentence against the defendant, and the above conditions of sentencing have changed differently.

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 appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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