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(영문) 광주지방법원 2015.11.12 2015노474

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. Each of the crimes of this case, each of the crimes of this case, which the defendant assaulted the victim B while driving, and damaged the victim F's property, is not good in light of the Criminal Procedure Act, and the defendant has a record of having been punished several times of the same crime, and in particular, committed the crime of this case, even though the defendant was under probation after being sentenced to the suspended sentence of imprisonment for the same kind of crime, is at a disadvantage.

However, considering the favorable circumstances, such as the fact that the defendant is divided into and against his mistake, the fact that the defendant does not want to repeat the crime through the treatment of alcohol addiction, the victims do not want punishment against the defendant, and the fact that there is a family member to be supported as the most, and the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, and all of the sentencing conditions in this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable, and therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.