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(영문) 서울고등법원 2016.06.01 2016노1128
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

The sentence of the court below (one year of imprisonment, two years of suspended execution) is too unhued and unreasonable.

Judgment

The Defendant caused a traffic accident while driving a car that has not been covered by mandatory insurance.

In addition, the defendant needs to be punished corresponding to it, since the defendant has been injured by a car in the process of opposing the victim's traffic accident and leaving the site.

However, the degree of injury of the victim is not severe, and there is no power to punish the defendant more than a fine.

As the defendant was in the first instance, all of the crimes of this case are recognized, and his mistake is against himself.

Such circumstances are favorable to the defendant.

In addition, the opinions on the sentencing presented by jurors at the original court that was proceeded with by the trial on the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime; - One year of suspended execution in six months: One juror - two years of suspended execution in six months: One juror - two years of suspended execution in six months: one juror - one juror 1 year of suspended execution in one year of imprisonment and six months: two years of suspended execution in six months: two years of suspended execution in one year of suspended execution: one juror - one year of suspended execution in one year of imprisonment: three years of suspended execution in one year and six months: one juror - one year and six months of suspended execution in one year and six months of imprisonment, etc., the sentence imposed by the court below is too unreasonable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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