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(영문) 광주지방법원 2015.05.12 2014노1841

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In full view of the following factors: (a) the Defendant agreed with the victims in the lower judgment; (b) the Defendant did not have any other criminal records as well as the Defendant was punished by a fine in 1996; (c) the Defendant was forced to retire when the Defendant was sentenced to a suspended sentence or higher; and (d) the Defendant’s family environment, age, character and conduct, environment, and all other factors of sentencing indicated in the records of this case, it cannot be deemed that the lower court’s sentence is too unreasonable

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.