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(영문) 창원지방법원 2017.06.22 2017노769
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment (4 million won in penalty) of the court below is too unfluened.

2. Although there are grounds for unfavorable sentencing, such as the fact that the suspended sentence of imprisonment was imposed for a crime of false judgment, special intimidation, etc. and was committed during the suspended sentence of imprisonment with prison labor, the fact that there was no agreement with the victim, the same kind of criminal records, and multiple criminal records, and the fact that the defendant has been sentenced to a sentence of imprisonment with prison labor. However, considering the favorable reasons for sentencing, such as the confession of the crime, the fact that the defendant was committed against the victim, the fact that the defendant deposited KRW 1 million for the victim, the fact that the victim was not good for the victim, the defendant's age, family relationship, economic situation, the background and motive leading to the crime, and all other matters concerning the sentencing specified in the records and the theory of change of the records of this case, 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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