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(영문) 창원지방법원 2018.05.09 2018노420
특수폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of the grounds for appeal (the sentence of the lower court: a fine of five million won);

2. The lower court rendered a sentence by taking account of the following factors: (a) under the favorable circumstances in which the Defendant was living in depth and reflects the Defendant’s mistake; (b) the victim did not want the Defendant’s punishment; (c) the Defendant had several records of punishment as violent crimes even before, and (d) the Defendant committed the instant crime without being aware of the period of probation; and (d) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and means of the crime; and (e) the circumstances after the crime.

The grounds for the improper sentencing (the poor quality of the crime, the same force, and the risk of recidivism) alleged by the prosecutor are shown to have been sufficiently taken into account in determining the sentence against the defendant, and the above conditions of the sentencing have changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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