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(영문) 창원지방법원 2017.04.20 2016노3069
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Of the judgment of the court below on the gist of the reasons for appeal, the punishment for the guilty portion (one year of imprisonment with prison labor, two years of suspended execution, and observation of protection) is too unfasible and unreasonable.

2. Determination

A. The prosecutor of the judgment on the appeal regarding the part of dismissing the public prosecution was completely in the order column of the petition of appeal, including the dismissal of the public prosecution, and also in the scope of the appeal, stating that the scope of the appeal is “wholly” and appealed to the part of the judgment of the court below

However, there is no reason for appeal concerning the dismissal of the public prosecution in the petition of appeal or the written reason for appeal, and there is no reason for ex officio investigation.

B. We examine the judgment on the unjust argument of sentencing as to the guilty portion. Each of the crimes of this case was committed on the ground that the defendant was detained for about one month as a result of the crime of this case and demanded a continuous sexual relationship with the victim D and caused injury to the victim, such as the defendant's age, family relation, economic situation, circumstances and motive leading up to the crime, and other records and changes in the sentencing of this case. The crime was committed without permission by the victim G stores adjacent to the above victim for the purpose of entering the house of the above victim. In particular, the victim D seems to have suffered a very large mental suffering. However, there are unfavorable reasons such as the defendant's confession and confession, the victim did not want the punishment of the defendant, the victim did not want to have a previous conviction, and there is no previous conviction, and the defendant's age, family situation, economic situation, circumstances and motive leading to the crime, and all of the records and changes in the sentencing of this case. Thus, the prosecutor's assertion in the judgment below is not reasonable and reasonable.

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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