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(영문) 광주고등법원 2016.08.11 2016노183
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The instant crime is a matter of assault against a bus driver who had been on board a passenger while driving the bus, and it is not very good that the Defendant committed the instant crime, and the Defendant did not know of the fact that he/she had been subject to suspended sentence for violent crime, but did not repeat the instant crime even though he/she had been in the period of suspension of execution, etc., which is disadvantageous to the Defendant.

On the other hand, it seems that the Defendant partially caused the instant case, such as the withdrawal of his appeal, the victim did not want punishment against the Defendant, the degree of injury of the victim is minor, and the bus driving the victim's way is invaded by the crosswalk on which the Defendant was the Defendant. The instant crime was committed because the bus was parked in the signal signal waiting, and thus the risk of the instant accident actually led to a large-scale accident is somewhat low.

In full view of all the sentencing conditions shown in the records and arguments of this case, including the Defendant’s age, family relation, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, it does not seem that the lower court’s punishment is too unfeasible and unreasonable to the extent that it should be destroyed.

Therefore, prosecutor's assertion is without merit.

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

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