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(영문) 창원지방법원 2015.11.04 2015노2035
상해
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (the suspended or suspended sentence: the fine of KRW 700,000) is too unhued and unfair.

2. The crime of this case was committed by the Defendant, while driving a truck by the victim D, putting the whistle on the Defendant E, who is the wife of the Defendant, seated on the farm road. The victim saw the flaps of the Defendant from the truck, and the victim saw the flab. The Defendant flabed the Defendant’s flab, resulting in the Defendant’s flabing of the flab, thereby causing two 14-day medical treatment to the victim when the Defendant flabed on the part of the victim’s right blaps.

The Defendant, who has no record of punishment, is aged 72 years of age, agreed with the victim, and has reached an agreement with the victim, and has recognized and reflected the instant crime.

In addition, considering the various circumstances, such as the Defendant’s character, character and environment, and motive, means, and consequence of the crime, etc., as well as the conditions for sentencing specified in the instant records and pleadings, the lower court’s punishment cannot be deemed as being too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal 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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