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(영문) 창원지방법원 2016.12.22 2016노2185
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the punishment (two years of suspended execution in August, and forty hours of community service) of the original judgment is too unfased.

2. The judgment of the court below is based on the facts that the crime of this case was committed by using a motor vehicle, which is a dangerous object, and the nature of the crime is not good, and that there was three times of violence criminal records, and the defendant is against the confession of the crime, the fact that the defendant agrees with the victim, the degree of injury suffered by the victim is not much serious, and the equality with the case of the violation of the Act on the Control of Narcotics, etc. (the crime of this case) at the same time, should be considered.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments in this case, the 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 on the ground that it is without merit. It is so decided as per Disposition.

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