특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The prosecutor's appeal is dismissed.
1. The court below's scope of trial in this case rendered a judgment dismissing a public prosecution pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act on the ground that the victim had revoked his complaint against the Defendant after instituting the instant public prosecution on the insult of the facts charged of this case, and sentenced him to the remainder of the facts charged except this. The prosecutor only filed an appeal on the ground of unreasonable sentencing as to the conviction portion. Thus, the part dismissing the
Therefore, the scope of the judgment of this court against the judgment below is limited to the conviction except the above dismissed dismissal part.
2. The prosecutor of the grounds for appeal asserts that the penalty (eight million won of a fine) declared by the court below is too unhued and unreasonable.
3. The Defendant, on November 21, 2013, sentenced to one year and two months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. on the Aggravated Punishment, etc. on November 21, 2013, and committed the instant crime even if he/she had been committed for a repeated crime after the completion of the enforcement of the sentence on May 25, 2014, and the Defendant has been punished several times for the past violent crimes.
However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) both the injured victim and the injured police officer do not want the Defendant’s punishment; and (c) the degree of injury is relatively heavy; and (d) there are no special circumstances or circumstances that may newly be considered in the sentencing after the sentence of the lower judgment; (b) the Defendant’s age, character and behavior, environment, motive and background of the offense; (c) means and method of the offense; and (d) circumstances that are conditions for the argument and the sentencing indicated in the record of the instant case, such as the circumstances after the crime, etc., it
3. The prosecutor's appeal of conclusion 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.