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(영문) 창원지방법원 2019.06.19 2018노2855
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months, two years of suspended sentence, probation, and community service order) of the lower court is too unfasible and unreasonable;

2. The lower court rendered a sentence by taking into account the following factors: (a) the Defendant’s act of causing an unexpected injury to the victims, and not making efforts to reach an agreement with the victims; and (b) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime were committed; and (c) the sentence was imposed by taking into account various sentencing conditions as indicated in the instant records and arguments.

The grounds for unfair sentencing alleged by the prosecutor appear to be the circumstances in which the lower court determined the Defendant’s punishment, and there are no other circumstances to deem that the above sentencing conditions have changed, and the lower court’s punishment is reasonable within the reasonable scope of its discretion, considering the above sentencing conditions.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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