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(영문) 창원지방법원 2017.04.20 2016노3057
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment (4 million won in penalty) of the court below is too unfluened.

2. In full view of all favorable sentencing factors, including the following facts: (a) the defendant's age, family relation, economic situation, background and motive leading up to the crime, and all other matters concerning the sentencing specified in the theory of the records and changes in the records of this case, the sentence of the court below is deemed appropriate, and there are no changes in circumstances that should be further considered in the trial, and thus, the prosecutor's assertion has no merit. In full view of the aforementioned factors, the court below's punishment is determined to be appropriate, and there is no change in circumstances that are considered additionally in the trial.

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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