특정범죄가중처벌등에관한법률위반(운전자폭행등)
The prosecutor's appeal is dismissed.
1. In light of the fact that the defendant has the same history as the defendant in the grounds for appeal, and the crime of this case is committed by the defendant without any reason and the nature of the crime is not good, the punishment of the court below (three million won of fine) which the court below sentenced is too unfeasible and unfair.
2. Examining the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, criminal records, etc. and the detailed sentencing reasons of the lower judgment in light of various circumstances asserted by the Prosecutor as the grounds for appeal, the lower court’s punishment is too unjustifiable and unreasonable, even in light of the circumstances asserted by the Prosecutor as the grounds for appeal.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.