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(영문) 창원지방법원 2016.11.24 2016노2235
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (five million won of a fine) of the lower judgment is too unhued.

2. We examine the judgment, and the fact that the victim did not agree with the victim is an unfavorable reason for sentencing, and the defendant is against the confession of the crime, and the primary reason for sentencing is the favorable reason for sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments in this case, 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 ground that it is without merit. It is so decided as per Disposition.

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