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(영문) 청주지방법원 2018.01.26 2017노1496
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the defendant (eight months of imprisonment) sentenced by the court below is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The court below seems to have sentenced the defendant to the punishment by taking into account the favorable and unfavorable circumstances of the defendant.

In full view of the aforementioned circumstances, comprehensively taking account of the motive, circumstance, and consequence of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and records of punishment, and the matters regarding the conditions of sentencing, statutory punishment, and sentencing guidelines, the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no such special circumstance.

Therefore, we cannot accept all the grounds for appeal by the defendant and the prosecutor.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that each appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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