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(영문) 창원지방법원 2017.04.13 2016노1954
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the lower court on each of the Defendants (six months of imprisonment for Defendant A, two years of suspended execution, one year of imprisonment for Defendant B, three years of suspended execution) is too uneased and unreasonable.

2. Nevertheless, the Defendants did not recover any particular damage to the victim, and the victims want to be punished by violent crimes, and Defendant B had been punished by violent crimes, etc. are disadvantageous to the Defendants.

However, the defendants confession and reflect the facts of the crime, there is no previous conviction other than fines, and the defendant B was punished for violent crimes. However, since the date of the crime of this case, it was about 15 years prior to the date of the crime of this case, and was a minor fine of 50,000 won, and the crime of this case was caused by the defendant's minor negligence with the victim, and the defendant B was the fluor of the case in the process of speaking the dispute between the defendant A and the victim. The victim does not want the punishment of the original defendant.

In full view of the various circumstances, including the Defendants’ age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unfasible and unreasonable.

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

However, among the “reasons for sentencing” of the judgment below, the “the father of the defendant’s 4 and 5” of the 4th page of the judgment below is obviously a clerical error in the victim’s father’s “the father of the victim’s ”, and thus, the court below’s ex officio correction thereof pursuant to Article 25(1) of the Regulation on Criminal Procedure

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