특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of imprisonment, three years of suspended execution, three years of probation, and 80 hours of social service) declared by the court below is too uneasy and unreasonable.
2. The instant crime committed by the Defendant constitutes an act of assaulting and causing injury to a driver in a bus in operation of the Defendant, which also constitutes a threat to the order of road traffic and the safety of citizens as well as individuals. Therefore, the need for strict punishment is recognized.
However, in full view of the following factors: (a) the Defendant, while under the influence of alcohol at night, seems to have caused the instant crime by contingently taking into account: (b) the Defendant’s explanation of mutual desire with the driver in the course of protesting against the Defendant who was under the influence of alcohol; (c) some money was deposited for the victim; (d) there was no record of punishment for the same kind of crime; (e) there is no record of wrong punishment; (e) the Defendant’s age, character and conduct, environment; and (e) other various sentencing conditions such as the Defendant’s age, character and conduct, circumstances after the instant crime; and (e) the circumstances after the crime, etc., the sentence of the lower court, which, in addition to probation
Therefore, prosecutor's assertion is without merit.
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.