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(영문) 서울중앙지방법원 2015.12.11 2015노4226

폭력행위등처벌에관한법률위반(우범자)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 2.5 million won) declared by the lower court is too unhued and unreasonable.

2. In light of the fact that the crime of this case was committed by the Defendant carrying a deadly weapon outside of his driver’s seat and the risk of the crime is not good in light of its nature, the Defendant is not liable for the crime of this case. However, considering the fact that the Defendant committed a deadly weapon outside of his driver’s seat and did not cause any harm to a specific person and did not actually cause any actual damage, the Defendant’s punishment imposed by the lower court against the Defendant is appropriate, in full view of all other circumstances, including the Defendant’s mental health status, age, character and behavior, family environment, and circumstances leading to the crime.

Therefore, prosecutor's assertion is not accepted.

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.