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(영문) 창원지방법원 2018.05.30 2018노500
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court: a fine not exceeding 6 million won);

2. The lower court rendered a sentence by taking into account the circumstances favorable to the Defendant’s misunderstanding in depth, and the motive and circumstances leading to the instant crime, and taking into account the Defendant’s age, sex, environment, motive and means of the instant crime, circumstances after the commission of the crime, etc., and taking into account various sentencing conditions as shown in the instant records and arguments.

The reason for the improper sentencing (the necessity of strict punishment for a public official performing a duty, the poor quality of a crime, etc.) alleged by the prosecutor is shown to be the reason that the court below has already taken into account the punishment for the defendant, and the above conditions of sentencing have changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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