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(영문) 의정부지방법원 2018.05.25 2017노3649
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The instant crime was committed by the Defendant by putting his hand into the knife protection knife installed in the bus, and the nature of the crime is not good.

The defendant was unable to reach an agreement with the victim.

This is disadvantageous to the defendant.

The Defendant recognized and reflected the instant crime.

Although there are criminal records for the defendant, they are relatively long ago (1985, 1995, 2007). This is favorable to the defendant.

In full view of the circumstances indicated in the records such as these circumstances, Defendant’s age, sex and environment, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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