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(영문) 창원지방법원 2017.06.22 2017노777
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In full view of all favorable sentencing factors, such as the following: (a) the judgment of the court below, by carrying dangerous articles and assaulting the victim and causing injury; (b) the commission of the crime during the suspension of the execution of imprisonment with prison labor; and (c) the majority of violent criminal records, etc., there are reasons for unfavorable sentencing; (b) except for pointing out whether or not dangerous articles exist, all facts are recognized and reflected; (c) the agreement with the victim was reached; (d) the detention was made for two months in the instant case; and (e) there was no criminal conviction exceeding the suspension of the execution of imprisonment with prison labor; and (e) the reasons for favorable sentencing; (e) the defendant’s age, family relation, economic situation, circumstances leading to the crime; and (e) the records and arguments of this case, the punishment of the court below

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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