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(영문) 춘천지방법원 강릉지원 2018.12.06 2018노308
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months, the suspension of execution of two years, the order of observation of protection, and the order of community service order of 160 hours) is too uneasy and unreasonable.

2. The Defendant, without any particular reason, assaulted the victim or the police officer who was on duty, who was on duty while driving, without any particular reason, and the nature of the offense is very bad in light of the circumstances.

The defendant was unable to receive a letter from the victim or police officer.

However, the degree of damage caused by the crime of this case is serious.

It is difficult to see it.

The defendant repents his mistake and reflects his mistake.

The defendant is only punished by a fine on one occasion due to a violent crime, and there is no record of criminal punishment exceeding a fine.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s sentence against the Defendant is too uneasible and unreasonable.

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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