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창원지방법원 2017.04.27 2016노3298

The prosecutor's appeal is dismissed.


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

2. In light of the following: (a) the judgment of the court below was based on three previous convictions in the same kind; and (b) one of them was sentenced to the suspension of the execution of imprisonment; (c) there are unfavorable sentencing grounds for the Defendant’s confession of the crime; (d) prior to the institution of the prosecution, the Defendant agreed with the victim; (e) there was no criminal conviction exceeding the suspension of the execution; and (e) the Defendant’s unilaterally and jointly committed the crime; and (e) the facts as to the sentencing indicated in the records and changes of the case, including the Defendant’s age, family relation, economic situation, circumstances leading to the crime, and motive; and (e) all of the favorable sentencing grounds for the Defendant and the victim were indicted for summary; (e) the Defendant’s age, family relation, and economic situation; (e)

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.