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(영문) 서울고등법원 (춘천) 2016.03.28 2016노9
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the reasons for appeal (unfair sentencing) by the court below, the defendant asserts that the defendant is too unreasonable because it is too unreasonable, and the prosecutor asserts that it is too unfeasible and unfair.

2. The lower court appears to have sentenced ten months of imprisonment, taking into account the circumstances favorable to the Defendant and favorable to the Defendant, and the sentencing guidelines recommended by the Supreme Court sentencing committee (two months to ten months).

When comprehensively considering the conditions of sentencing, the sentencing of the court below exceeded the reasonable limit of its discretion, in full view of the matters requiring conditions of sentencing, the sentencing of the court below, and the sentencing guidelines, etc.

There is no other circumstance in which the lower court’s determination of sentencing is deemed unfair or unreasonable (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering the character and conduct of the Defendant, the background and result of the instant crime, the circumstances after the crime, etc., the lower court’s sentence is appropriate, and it is not deemed unfair or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit.

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