폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (2,500,000 won) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
The crime of this case is a dangerous crime that may lead to a large-scale accident, wherein the defendant, as a bus driver, turns the light and raise on the ground that the vehicle of the victim is driven by low speed, and passed the vehicle of the victim.
The victim complained of mental suffering from the crime of this case and punished for the defendant.
Circumstances favorable to the defendant shall be as follows:
The defendant is divided into and reflected in the crime of this case.
When the defendant who was driving a bus during the time of leaving the country drives the bus at a low speed, he seems to have committed the crime of this case in a contingent manner.
The instant crime did not lead to a physical accident.
The defendant deposited KRW 1,00,000 for the victim in the court below.
The defendant is the first offender who has no record of criminal punishment, and has served as a driver for several years in good faith without an accident.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.