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(영문) 창원지방법원 2015.07.08 2015노1061
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor, two years of probation, and one hundred and twenty hours of community service order) imposed by the court below is unreasonable.

2. Although the Defendant had had had been punished several times due to violent crimes in the past, again committed each of the instant crimes, and was committed without good quality in light of the risk of attempting to commit the crime, and there were disadvantageous circumstances, such as the fact that the Defendant led to confession and reflects the Defendant’s wrong life through confinement for about two months at the lower court, and that the victim wanted to have his wife by agreement with the victim, the extent of the recommended sentence according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court (not less than six months of imprisonment, and special mitigation factors), and other factors of sentencing as shown in the records and arguments of the instant case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., cannot be deemed unfair since the sentence imposed by the lower court is too unreasonable, taking into account various sentencing conditions set forth in the records and arguments, such as the circumstances after the crime.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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

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