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(영문) 창원지방법원 2016.12.08 2016노1812
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (three million won of a fine) is too unhued.

2. We examine the judgment, that the degree of injury suffered by the victim is not easy, that there is no agreement with the victim is an unfavorable reason for sentencing, that the defendant led to the confession of the crime and reflects it, that the defendant deposited five million won for the victim, and that the first offender is a favorable reason for sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments in this case, the Prosecutor’s assertion 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 ground that it is without merit. It is so decided as per Disposition.

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