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(영문) 서울고등법원 2013.07.11 2013노1760
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (a two-year imprisonment and a three-year probation and a 80-hour community service order) is too uneasible and unfair.

2. It is recognized that the crime of this case was committed on behalf of the defendant, resulting in the injury of the victim who was on behalf of the defendant, and thus the crime was considerably poor, and the defendant did not agree with the victim and failed to recover the damage properly.

However, the defendant led to the confession of the crime of this case and his mistake is divided in depth, the degree of injury of the victim is relatively not more severe, and the defendant has no other criminal records other than three times prior to the fine of small amount, and the defendant has various sentencing conditions as shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstances of the crime, and circumstances after the crime, etc., and the sentence of the court below falls under the mitigation area of category 4 (special mitigation: minor injury to the driver) from among the "Assault crime" in the sentencing guidelines for the sentencing guidelines for the crime of violence within the scope of sentencing guidelines according to the sentencing guidelines, and the scope of the sentence of recommendation is inconsistent with the minimum sentence of punishment of law, and thus, the scope of the amended sentence of punishment is more than 10 months to 2 years from the imprisonment of one year and 6 months from the imprisonment of one year and 2 years from the imprisonment

In full view of internal points, it is not recognized that the sentence imposed by the court below is too uneasible and unfair.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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