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(영문) 대구지방법원 2018.07.12 2017노4239
특수폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentencing (two years of suspended sentence of October, community service order, 80 hours of community service order, and 40 hours of violence treatment lectures) based on the summary of the grounds for appeal is deemed unreasonable because it is too unfasible.

2. The accused has been punished several times due to violent crimes, traffic-related crimes, etc.

However, in full view of the various circumstances, including the fact that the Defendant agreed with the victim of special assault, the fact that the victims of property damage have reached an excessive agreement, and the fact that the vehicles involved in traffic accident are insured by the freight mutual aid association, including the Defendant’s age, sex behavior, environment, family relationship, motive, circumstance, means and consequence of the crime, and there is no change in special circumstances or circumstances to change the sentencing of the lower court after the lower judgment, the sentencing of the lower court is not unfair.

3. The prosecutor’s appeal to the conclusion is without merit, and is dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That the judgment below’s error in Article 38(1)2 and 38(2) of the Criminal Procedure Act is evident, since Article 38(1)2 and 38(2) of the Criminal Procedure Act is clearly erroneous in office. Thus, the prosecutor’s appeal to the conclusion is ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.

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