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(영문) 수원지방법원 2018.02.14 2017노7539

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for the crime No. 1 in its holding, two years of suspended sentence for the crime, 120 hours of community service order, and seven million won of fine for the crime No. 2 in its holding) is deemed to be too unfasible and unfair.

2. The driving of judgment is highly likely to cause serious harm to an unspecified person, and the defendant has already committed each of the crimes of this case without being aware of the fact that he/she had been punished several times due to the crime related to traffic, as well as the crime related to violence, and even though he/she was caused by the crime of this case, he/she committed the crime of this case during the suspension of execution, it is necessary to strictly punish the defendant.

However, in full view of the following: (a) the Defendant recognized his mistake and reflects his depth; (b) there are circumstances that may be considered in the course of drinking driving; (c) the force of punishment for driving without a license in 2011 is the last time; (d) the crime of injury and the crime of injury committed by a group of concurrent crimes after Article 37 of the Criminal Act shall take into account the case and equity under Article 39(1) of the Criminal Act in the case of concurrent crimes; (d) the victims of the injury have agreed with the victim; and (e) other various sentencing conditions as shown in the argument of the instant case, such as the background of the instant crime; (e) circumstances after the crime; (e) the Defendant’s age; and (e) the Defendant’s age; and (e) the circumstances for the instant case,

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.