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(영문) 창원지방법원 2016.08.24 2016노331
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unhued and unfair.

2. The crime of this case, which is a dangerous thing, is deemed to inflict bodily injury on the victim by taking several times the head of the victim, who is a dangerous thing, and the nature of the crime is not very good. The defendant committed the crime of this case without being aware of it, even though he was sentenced to a suspended sentence of two years due to a violation of road traffic law in the Changwon District Court's Jinju branch around October 2014 and was sentenced to a suspended sentence of two years due to the violation of road traffic law, etc. in the period of the suspended sentence of six months. The defendant committed the crime of this case without being aware of it until now.

However, the fact that the defendant led to the confession of the crime of this case, and that the defendant is against the mistake, and that the defendant was dissatisfied with the victim due to the issue of distribution of inherited property and violence against the victim, etc., and it seems that the defendant committed the crime of this case with the victim, which would have been avoided contingently. The defendant had the record of having been hospitalized several times with the disabled of grade 4 suffering from cerebral disease, alcohol dependence, and had been conducted to cut one bridge around the end of December 2015, and the health situation is not good at present.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

Therefore, the prosecutor's improper argument of sentencing 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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