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(영문) 창원지방법원 2016.12.01 2016노1901
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in the judgment below is unreasonable because the punishment (7 million won of a fine) of the court below is too unhued.

2. In light of the judgment, the degree of injury suffered by the victim is not easy, the fact that the Defendant committed the instant crime during the period of repeated crime due to violent crime is an unfavorable sentencing ground, and the fact that the Defendant led to the confession of the instant crime, the fact that the Defendant agreed with the victim, and the fact that the Defendant partially responsible for the instant crime is favorable sentencing grounds.

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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