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(영문) 대구고등법원 2014.06.11 2013노681
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and three years of suspended execution) imposed by the court below is too uneased and unreasonable.

2. The instant crime committed by the Defendant was committed by assaulting a victim who was driving a bus and resulting in injury. In that it is a dangerous act that may cause a serious traffic accident, the nature of the instant crime is not good, and the fact that it is not yet agreed with the victim is unfavorable to the Defendant.

On the other hand, the Defendant continued hospitalized treatment prior to the instant crime due to the existence of alcohol, tidal injury, etc., and the instant crime appears to have been committed probly by drinking alcohol due to the symptoms as above, and the Defendant’s mistake is against himself, and the degree of injury of the victim was not severe, etc. are favorable to the Defendant.

In full view of the circumstances, such as the character, conduct, environment, family relationship, motive, means and consequence of the instant crime, and the scope of the recommended sentence according to the sentencing guidelines, etc. of the Defendant as well as the sentencing factors favorable or unfavorable to the Defendant, the sentence imposed by the lower court against the Defendant is determined to be within the appropriate range of sentence corresponding to its liability, and it is not determined to be unfair because it is too uneasible.

Therefore, the prosecutor's assertion of unfair sentencing 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 ground that it is without merit. It is so decided as per Disposition.

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