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(영문) 창원지방법원 2014.10.02 2014노1505

폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant has been punished several times in the past as a crime related to an act of violence or road traffic (one time of suspended sentence of imprisonment and three times of fines); (b) in particular, in the Changwon District Court on August 22, 2013, sentenced one year of suspended sentence to six months of imprisonment due to an injury, a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving), and (c) the Defendant again committed each of the instant crimes even though the said judgment became final and conclusive on August 30, 2013, and was still under suspended sentence; (d) in light of the fact that each of the instant crimes was committed, it is unfair that the sentence (limited to four million won of fines) imposed by the lower

2. Taking into account the circumstances alleged by the prosecutor in the judgment, the following circumstances are considered: (a) the Defendant confessions and reflects the Defendant; (b) the Defendant driving a short distance with the Swealth (one-person: one-person) and does not cause traffic accidents; (c) the damage caused by violence is minor; (d) the Defendant’s health status is too old; and (e) the Defendant does not repeat again; (c) the Defendant’s character, conduct and environment of the Defendant; (d) the background and result of each of the instant crimes; and (e) the circumstances following the instant crimes and the conditions of sentencing as shown in the arguments. In full view of all such circumstances as the records and arguments, it cannot be deemed unfair since the sentence imposed by the court below is un

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

참조조문