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(영문) 광주지방법원 2014.01.29 2013노2766

폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is deemed to be too unhued and unreasonable.

2. In light of the following circumstances: (a) the Defendant committed a crime of this case during the suspension of execution several times; (b) the Defendant caused a traffic accident that causes the pedestrian victim due to negligence in violation of the vehicle stop signal; and (c) the degree of injury of the victim is ten weeks prior to the death of the victim.

However, in light of the favorable circumstances, such as the fact that the defendant's mistake is recognized by the defendant, and the degree of assault and damage to property is not severe, and in the case of traffic accidents, the liability insurance with the limit of KRW 9 million is subscribed to on the part of the accident, and the age, character and conduct, occupation and environment of the defendant, motive and circumstance leading to the crime of this case, and all the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, etc., the prosecutor's assertion is without merit, since the court below's punishment is too uneasible.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.