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(영문) 창원지방법원 2016.08.24 2016노1026
상해등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3. However, for a period of two years from the date this ruling becomes final and conclusive.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment, one year of suspended sentence, and 40 hours of an order to attend a alcohol treatment lecture) is deemed to be too uneasible and unreasonable.

2. The following facts are favorable: (a) the Defendant’s recognition of all the instant crimes and reflects the fact that the Defendant and the Victim C have been divorced on April 2016, and so long as the Defendant and the Victim C have C with parental authority and custody rights; (b) the risk of recidivism against the victims of the instant crimes appears not to be significant.

However, each of the crimes of this case is to threaten the victims who are wife and children, or to carry with them a dangerous article, and in particular, take the bath before the victims are viewed as Green E and take the her face into consideration or sits with her hand when they are frightened or her frighted.

It is not very good that E had to go beyond the next floor, and there is no agreement with the victims until now, and there is no circumstance that endeavored to recover from damage (the defendant does not pay consolation money and child support to be paid to C at all at the time of divorce). The fact that the defendant has been punished several times due to violent crimes is disadvantageous.

In full view of the results of the judgment before the judgment of the court below and the protective observation room as seen above, the punishment imposed by the court below is too uneasible and unreasonable, taking into account the following: the defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Therefore, the prosecutor's improper argument of sentencing is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the judgment below, and thus, the Criminal Procedure Act is applicable.

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