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(영문) 부산지방법원 2021.01.28 2020노2468
특수폭행치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, two years of suspended sentence, two years of community service work, 200 hours of order of compliance driving, 40 hours of instruction of compliance driving) is too uncomfortable and unfair.

2. In light of the circumstances that caused an accident due to retaliation driving, and the method of the crime is very dangerous and poor, and there is no criminal record exceeding the fine, and the degree of damage caused by the crime of this case is relatively heavy. The Defendant did not agree with the victim when he was in the core of the crime, and the Defendant comprehensively takes into account various factors of sentencing, such as the Defendant’s age, sexual conduct, records of the crime, motive or circumstance of the crime, and circumstances after the crime, etc., the punishment imposed by the lower court is within the reasonable scope of discretion, and is not easy.

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.

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