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(영문) 창원지방법원 2017.10.18 2017노894
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court, in light of the following circumstances: (a) the Defendant was committed at the time of committing a crime; (b) the Defendant appears to have committed a contingent crime in which the Defendant was living separately from the victim; and (c) the degree of the victim’s injury was not excessive; and (d) the instant crime was committed in favor of the Defendant; (b) the Defendant committed an injury by exercising violence against the victim, she is in bad quality; (c) the victim was punished; and (d) the Defendant was punished several times of punishment; and (d) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, sexual conduct, environment, motive and means of the crime; and (e) other factors of sentencing (two years of suspended sentence in six months of imprisonment).

The grounds for the improper sentencing (the poor quality of the crime, the risk of the crime, the victim's severe punishment) alleged by the prosecutor are shown to have been sufficiently taken into account in determining the punishment against the defendant, and the above conditions of the 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. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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