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(영문) 창원지방법원 2016.10.13 2016노1077
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the original judgment (two years of suspended execution in October, and one hundred and twenty hours of community service) is too unhued and unreasonable.

2. Determination is based on the following factors: (a) the degree of injury suffered by the victim is not less than that of the victim; (b) the non-agreement with the victim is an unfavorable reason for sentencing; (c) the defendant led to the confession of the crime; (d) the defendant deposited five million won for the victim; and (e) the fact that there is no previous conviction in the same kind of crime

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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