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(영문) 수원지방법원 2013.05.08 2013노528

폭행치상등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended execution, two years of probation, 80 hours of social service, 40 hours of compliance driving, 40 hours of imprisonment) is too unhued and unreasonable

2. In light of the fact that the Defendant, while under the influence of alcohol, was driving a motor vehicle while driving the motor vehicle while walking the motor vehicle for the surrounding persons without any particular reason, the nature and circumstances of the crime are not somewhat weak, and the Defendant did not make any specific effort to recover from damage even though the Defendant did not agree with the victims, it is necessary to strictly punish the Defendant.

However, there is no specific criminal history except for the crime of violation of the Road Traffic Act in 1995, and since the crime of this case is concentrated from June to July, 2012, it is difficult to conclude that the defendant has a usual violent habit, among victims, the victim E and J have agreed smoothly, and other factors such as the defendant's age, character and conduct, family environment, motive, circumstance, means, method and consequence of the crime of this case, etc. in consideration of all the sentencing conditions as shown in the records and arguments of this case, such as the circumstances before and after the crime, it cannot be deemed unfair since the court below's punishment is too unreasonable. Thus, the prosecutor's assertion cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.