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(영문) 서울중앙지방법원 2015.09.24 2015노2308
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor asserts that, on the grounds of the appeal of this case, the sentence of the court below (the fine of KRW 5,000,000) against the defendant is too unhued and unreasonable.

However, in light of the fact that the Defendant assaulted the victim who was pregnant or driving on several occasions for a long time, and in particular, the Defendant did not reach a smooth agreement with the victim, it cannot be deemed that the nature of the crime is light.

However, there is no history of the defendant's wrong, and there is no history of punishment in Korea, and there is no relatively heavy damage caused by the defendant's assault.

In full view of the above circumstances, the Defendant’s circumstance and method of each of the instant offenses, degree of damage, motive, punishment history, other circumstances, including Defendant’s age, character and conduct, career, home environment, etc., which form the conditions for sentencing as shown in the record and oral argument, do not change compared to the lower court’s judgment. In full view of all of the above circumstances, the lower court’s sentencing cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.

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