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(영문) 창원지방법원 2018.07.19 2018노250
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (10 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unfased and unreasonable.

2. The lower court sentenced the above punishment by taking account of favorable circumstances, such as the fact that the crime of this case is not good in light of the course of the crime of this case, the Defendant committed the same crime during the period of probation of two years and six months, even though he had been sentenced to a suspended sentence of three years and six months due to a special robbery using a knife, etc. in the past, and the Defendant committed the same crime during the suspended sentence of two years and six months, the injury has not been recovered, and the Defendant is in depth against the Defendant’s mistake, the Defendant’s age is still the age of majority, the instant crime appears to have been contingent punishment, and the degree of injury suffered by the victim is not serious.

In full view of all the conditions of sentencing, including the character and conduct of the defendant, the environment, the circumstances leading to the crime, the means and consequence, the scale and the circumstances after the crime, etc., which can be known through records and pleadings, including the fact that there is no change in circumstances that may change the sentencing of the court below in addition to the unfavorable circumstances considering the court below, the punishment sentenced by the court below is deemed appropriate, and the judgment of the court below exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Therefore, the lower court’s sentencing cannot be deemed unfair as it is deemed unfair, as it is alleged by the prosecutor.

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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