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(영문) 창원지방법원 2015.10.20 2015노1518
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the grounds for appeal asserts that the penalty (five million won of a fine) declared by the court below is too unhued and unreasonable.

2. It is recognized that the Defendant committed the instant crime even if he/she was sentenced to three years of suspended execution on January 14, 2014 and the said judgment became final and conclusive on January 22, 2014, and was still subject to suspended execution on several occasions due to the violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act).

However, considering the following circumstances: (a) the Defendant recognized the crime of this case; (b) agreed with the victim, and the victim wanted to take advantage of the victim’s wife against the Defendant; (c) there is no emphasis on the victim’s injury; (d) there is a family member to support the Defendant; and (e) there is no special circumstance or circumstance that may newly be considered in sentencing after the sentence of the lower judgment was rendered; (c) there is no change in the Defendant’s age, character and behavior, environment, motive and background of the crime; (d) means and method of the crime; and (e) other circumstances that form the conditions for the argument and sentencing as indicated in the record, such as the circumstances after the crime was committed, it is not recognized that the sentence imposed by the lower court is unreasonable because it is too

3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.

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