특정범죄가중처벌등에관한법률위반(운전자폭행등)
All appeals by the defendant and the prosecutor are dismissed.
1. On September 11, 2018, the Defendant was served with a notice of receipt of the record of trial by this court on September 1, 2018, but failed to submit a statement of reason for appeal within the period for submission of a legitimate reason for appeal. On August 20, 2018, the Defendant submitted a petition of appeal on August 20, 2018, without stating the reason for appeal, and even upon examining the record, there is no reason
2. Determination on the prosecutor’s appeal
A. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 7 million) is too minor.
B. In full view of all the circumstances indicated in the arguments and records, including the unfavorable circumstances (the crime committed during the period of repeated crime) and favorable circumstances (the reflectivity, the agreement with the victim, and the damage caused by the crime of this case) as stated in the grounds for sentencing, the lower court’s judgment exceeded the reasonable bounds of its discretion, in light of the following: (a) the Defendant’s age and character intelligence environment; (b) motive means of crime; and (c) the motive of crime; and (d) the circumstances after crime
There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. The defendant's appeal shall be dismissed in accordance with a decision under Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is ruled as above, the defendant's appeal shall be dismissed together with a decision. It is so decided as per Disposition.