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(영문) 부산고등법원 2016.08.11 2016노284
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor asserts, on the grounds of appeal, that the sentence of the court below (one year and six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is unfair as it is too unfluent. However, in full view of the factors and guidelines of sentencing as indicated in the sentencing review process of the court below, the judgment of the court below that the sentencing of the court below, on the grounds of the nature of the crime in this case, has exceeded the reasonable limit of the court below's discretion, in which the crime in this case, the victim's failure to reach an agreement, the degree of injury

It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.

Therefore, the prosecutor's appeal is dismissed (Article 364 (4) of the Criminal Procedure Act).

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