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(영문) 광주지방법원 2017.08.10 2016노4136
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unfluent and unreasonable.

2. The crime of this case is committed on the basis of the following circumstances: (a) the Defendant assaulted a taxi engineer on the part of the Defendant, assaulted a police officer dispatched after receiving a report on damage, thereby obstructing the performance of official duties; (b) the nature of the crime is bad; (c) the Defendant is in profoundly against the Defendant; (d) the victims do not want to punish the Defendant; (c) the victims do not want to be punished; (d) the victims do not have any specific criminal record other than the punishment imposed once for the crime of this case; and (e) the Defendant’s age, sexual behavior, environment, family relationship, circumstances after the crime; and (e) other various sentencing conditions specified in the records and arguments, such as the circumstances after the crime, do not seem to be unfair because the lower court’s punishment is too uneasible.

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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