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(영문) 광주고등법원 2017.04.27 2016노478
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor's assertion of misunderstanding the facts (not guilty part of the reasoning of the judgment below) is proved according to the submitted evidence that the defendant used to assault and injure the victim, who is the driver of a vehicle in operation, thereby causing injury. Therefore, the judgment below acquitted the defendant of this part of the

The argument is asserted.

However, examining the various circumstances cited by the court below with the record and closely, even if the prosecutor considered all the contents of the appeal, the evidence submitted by the prosecutor alone alone proves that this part of the facts charged is beyond reasonable doubt.

We affirm the judgment of the court below that it is difficult to view.

There is no error of misunderstanding of facts as argued by the prosecutor.

We do not accept the prosecutor's assertion.

2. There is no change in the conditions of sentencing compared to the lower court’s judgment as to the prosecutor’s unfair argument of sentencing, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it shall be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, in full view of the fact that the Defendant deposited KRW 4 million for the victim and the sentencing conditions indicated in the records and arguments in the instant case, the lower court’s sentence against the Defendant was excessively unhued and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

We do not accept the prosecutor's assertion disputing the propriety of sentencing of the court below.

3. The appeal by the conclusion prosecutor is dismissed for reasons.

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