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(영문) 창원지방법원 2019.01.09 2018노2334
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the lower court’s punishment: a fine of KRW 5,00,000)

2. The lower court determined that the Defendant committed the instant crime during the suspended execution period for the same kind of crime, and that the Defendant had a record of punishment several times for the same kind of crime, taking into account the favorable circumstances that the victim did not want the Defendant’s punishment, and determined the sentence by taking into account the Defendant’s age, character and behavior, environment, motive and means of the crime, circumstances after the crime, etc., as well as various sentencing conditions specified in the records and arguments.

The grounds for unfair sentencing (the background of the crime, the crime during the suspension of execution, the criminal records of the defendant, etc.) alleged by the prosecutor are shown to be the circumstances that the court below had fully taken into account in determining the defendant's punishment, and there are no other circumstances to deem that the above sentencing conditions have changed, and considering the above sentencing conditions, the court below's punishment is reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

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

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