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(영문) 대구지방법원 2014.10.02 2014노1181
특수폭행치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended sentence, 80 hours of community service, 40 hours of law-abiding driving course) that the court below made is too uneased and unreasonable.

2. The judgment by the Defendant, on the ground that the victim D's ozone part obstructed the progress of the Defendant's vehicle, was driven by even the victim D's ozone part, and interfered with the operation, and as the part of the front part of the part is threatened, the victim D promptly makes a bypass to avoid this, and the victim D and E suffered an injury in need of approximately two weeks of treatment.

In addition to the above crimes, the defendant unlawfully exercised his driver's license several times, forged and used the document under the J's name, and twice repeatedly, the quality of the crime is not easy.

However, the defendant has no record of being punished for the same kind of crime, and has not committed a second offense by reflecting the truth of the crime in depth.

When the victim D is driving an Oba, it seems that the victim D interfered with the progress of the vehicle of the defendant, resulting in a crime such as threatening the victim D by contingency, and the degree of injury suffered by the victims is relatively weak.

Each of the instant crimes is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the subject-matter of judgment rendered on July 20, 2012.

The defendant has yet to be aged 20 years of age and is going to enter the military, and the mother of the defendant has been leading while wanting to the defendant's wife.

In full view of all the sentencing conditions shown in the Defendant’s character, character, environment, etc. and arguments, the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the Defendant is too uneasible;

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

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