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(영문) 대구지방법원 2018.04.20 2018노410
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unhued and unfair.

2. Each of the instant crimes committed by the Defendant, on the grounds that the Defendant assaulted the taxi engineer on the part of the Defendant, and did not lend the taxi expenses, and inflicted an assault and damage on the cafeteria, and assaulted the police officer on official duty by putting in uniform. The nature of the crime is bad, and there is a need to strictly punish each of the instant crimes only in the period of three to four months, and there is a history that the Defendant was punished for multiple violent crimes.

However, it is recognized that the Defendant committed each of the crimes of this case under good health conditions, such as recognizing all of the crimes of this case, and having committed each of the crimes of this case, and that the Defendant was under active and sincere treatment, such as being hospitalized in closed ward and ward, by being hospitalized in the hospital after the instant case.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unfeasible and unfair.

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.

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