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(영문) 서울동부지방법원 2017.11.17 2017노1331
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions of the Defendant (unfair sentencing) in this case, the sentence of 8 months imposed by the lower court against the Defendant is too unreasonable.

B. In light of the fact that it is difficult to find out the fact that the punishment records up to 23 times for the crimes related to violence (unfair sentencing) committed by the prosecutor, each of the crimes of this case during the period of repeated crime, and that it is difficult to find out the circumstances that endeavored to reach an agreement, the lower court’s punishment is too unfeasible

2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, especially the degree of damage caused by this case, the number of crimes, criminal punishment records, repeated crimes during the period of repeated crimes, and the victims’ failure to receive a letter of suspicion, the lower court’s sentence cannot be deemed unfair to the extent that it should be changed.

Ultimately, the defendant and prosecutor's improper argument of sentencing is rejected as it is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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