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(영문) 창원지방법원 2013.09.26 2013노853
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In full view of the following factors: (a) the Defendant appears to have caused harassment in the past; (b) the Defendant recognized each of the crimes of this case; (c) the degree of injury of the victims is minor; (d) there is no other criminal records other than the fine imposed once prior to ten (10) years; and (e) the Defendant’s age, character, conduct, environment, motive, means and consequence of each of the crimes of this case; and (e) all of the sentencing conditions in the records and arguments, such as the circumstances after the commission of the crime, etc., the lower court’s sentence is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

(However, it is obvious that the “Article 275(1) of the Criminal Act” in Part 2, Chapter 15 of the lower judgment is a clerical error under Article 257(1) of the Criminal Procedure Act. Thus, the ex officio correction is made pursuant to Article 25(1) of the Rules on Criminal Procedure.

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