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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal (for four months of imprisonment and two years of suspended execution) of the lower court is deemed to be too untile and unfair.
2. The crime of this case on board is a crime that may cause danger to traffic and harm to the life and body of others by assaulting a driver on driving, and thus, requires strict punishment. The defendant assaults a taxi engineer without any particular reason, and the defendant has been punished due to the punishment, suspended execution, etc. on several occasions, which is disadvantageous to the defendant.
However, it is important that the defendant led to the confession of the crime of this case, and the degree of violence committed by the defendant is serious.
In light of the fact that the crime of this case does not seem to have been likely to pose a danger to traffic order in light of the road conditions at the time, etc., the fact that the crime of this case did not seem to have occurred (see CCTV closure photographs 40 pages of investigation records). The fact that the defendant agreed with the victim, and that there was no record of criminal punishment after 2010, there is a circumstance favorable to the defendant
In addition to these circumstances, in full view of the following factors: the Defendant’s age, environment, occupation, motive of the crime, method and consequence of the crime, and the recommended sentencing guidelines of the Supreme Court [where the degree of assault is minor (type 1, 6, 7), the source of punishment (including serious efforts to recover damage), or considerable damage is restored, the mitigated area [where the degree of assault is minor (type 1, 6, 7), the criteria for suspended execution (type 1) and the criteria for suspended execution (where the driver of an automobile in operation is assaulted by a driver of an automobile in operation: if the attitude of crime is minor, penalty is not illegal).”
3. 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. It is so decided as per Disposition.