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(영문) 창원지방법원 2020.12.10 2020노1885
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the Defendants (for the defendants, the suspended sentence) is too unfilled and unfair.

2. As a result of the instant crime, the victim suffered injury to the left-hand stroke, strophy, etc., and the degree of such injury is not that of the victim.

However, the Defendants recognized the instant crime, and made efforts to recover damage by paying the sum of KRW 12 million to the victims as agreed money.

The victim also does not want to punish the Defendants.

In this case, the victim inflicted an injury on the victim, who was under the influence of alcohol at the funeral hall of the defendant's mother-child, and the defendants appeared to have caused the crime from the victim and considered the circumstances.

Defendant

B There is no penalty power exceeding the same kind of power or fine, and there is no criminal history against Defendant A.

In addition, comprehensively taking account of the Defendant’s age, health status, environment, family relationship, circumstances after the commission of the crime, etc., it cannot be deemed that the sentence imposed by the lower court is unreasonable because it goes beyond the scope of reasonable discretion.

The prosecutor's assertion of unfair sentencing is without merit.

3. The prosecutor's appeal of conclusion 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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