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(영문) 대전지방법원 2016.06.02 2015노4131
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to KRW 10 million) is too uneasy and unreasonable.

2. The instant case pertains to the circumstances unfavorable to the Defendant, such as: (a) the Defendant assaulted the driver of a motor vehicle in operation, and re-brupted the police officer in mobilization; (b) the nature of the relevant crime is heavy; (c) the Defendant again committed the instant crime during the period of suspension of execution due to the obstruction of the performance of official duties; and (d)

However, in light of all the sentencing conditions, such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is unfair because it is too unfeasible, in light of all the following factors: (a) the victim did not want to be punished by the defendant; (b) the victim D and the victim did not have any history of punishment; (c) the victim was provided with a sentence; (d) the victim was provided with alcohol addiction counseling and education to prevent recurrence; (e) the family was the most responsible for supporting the defendant's wife; and (e) the defendant's main figures want to have the Defendant's wife; and (e) the defendant's age, sex behavior, environment, motive, means and consequence of the crime.

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

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