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(영문) 창원지방법원 2014.01.23 2013노2033
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant was sentenced to two years of probation on October 12, 2012 due to the crime of injury, obstruction of performance of official duties, and the crime of causing property damage at the Changwon District Court on October 6, 2012, and the above judgment became final and conclusive on November 6, 2012. On November 21, 2012, the defendant was sentenced to two years of probation on October 29, 2012 due to the crime of violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc.) in the Changwon District Court's assistance, and was sentenced to two years of probation on November 29, 2012, and each of the crimes of this case was committed during the period of probation. In light of the fact that the defendant was punished by various acts of violence (four times of imprisonment with prison labor, and five million won of a fine).

2. Even when considering the circumstances alleged by the prosecutor in the judgment, the defendant confessions and reflects the defendant, the victims do not want the punishment of the defendant by mutual consent with the victim E and G, the defendant is a disabled person of Grade I with visual disability, the defendant committed each of the crimes of this case by contingency under the influence of alcohol, and other character, conduct and environment of the defendant, the background and consequence of each of the crimes of this case, etc., the punishment imposed by the court below cannot be deemed unfair, and therefore, the prosecutor's allegation above is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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