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(영문) 부산지방법원 2016.06.03 2016노312
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (7 million won in penalty) imposed by the court below on the defendant is too unfasible.

2. Although the judgment of the court below is necessary to punish the defendant while committing the instant crime during the period of suspended execution, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared to the court below because the defendant did not submit any new data on sentencing in the trial at the same time, and thus, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared with the court below. The extent of violence and the degree of damage, the agreement with the victim, the defendant was not excessive, and the defendant seems to have been well aware that the period of suspended execution has elapsed for a considerable period of time, as well as other circumstances that form the conditions of sentencing as shown in the records and arguments in the instant case, such as the circumstances after committing the instant crime, character and behavior, the defendant's environment and age

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

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