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(영문) 창원지방법원 2017.10.12 2017노1922
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (3 million won in penalty) of the court below is too unfilled.

2. In full view of all the favorable sentencing factors, including the defendant's age, family relation, economic situation, background and motive leading up to the crime, and other factors as to the sentencing indicated in the theory of entry and change of the records of this case, the sentence of the court below is judged to be appropriate, and there is no change of circumstances to be considered in the trial, and thus, the prosecutor's assertion is without merit. The prosecutor's assertion is without merit, in full view of the following factors: (a) the defendant led to the confession of the crime; (b) the defendant committed the crime of this case; (c) the degree of injury is not heavy; and (d) there is a family member to support the crime of this case; and (d) the defendant's age, family relation, economic situation; (d) the circumstances leading to the crime of this case; and (e) the records and changes of the case.

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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