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(영문) 창원지방법원 2018.01.17 2017노2760
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. It is not good for the crime of this case to be judged, and the defendant has been punished several times for the same crime, and in particular, the circumstance of committing the crime of this case during the probation period for the same crime is recognized.

However, taking into account other factors such as the Defendant’s age, sexual conduct, environment, motive and means of a crime, circumstances after a crime, etc., such as the Defendant’s age, sexual behavior, etc., environment, motive and means of a crime, and circumstances after a crime, etc., the lower court’s punishment (a punishment of KRW 3 million) cannot be deemed unfair because it is too far within the reasonable scope of discretion, and thus, it is unreasonable for the Defendant to take into account the following factors: (a) the Defendant’s confession and reflects the Defendant; (b) the community service order and alcohol treatment lectures during the period of probation; and (c) the Defendant faithfully complied with the matters to be observed according to the direction of the protection observation officer.

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 grounds that the appeal is without merit. It is so decided as per Disposition.

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