logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.12.18 2014노1708
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one million won of a fine) declared by the lower court is too unhued and unreasonable.

2. The judgment of the Defendant is disadvantageous to the Defendant for the following reasons: (a) the Defendant, while under the influence of alcohol, took the victim, who is a taxi driver, without any special reason; and (b) the fact that the police station immediately after the commission of the crime does not fit the quality of the crime.

However, there are favorable circumstances for the defendant, such as the fact that the defendant recognized the crime after the breath of alcohol and agreed with the victim, the fact that the defendant does not repeat again in the trial, and the fact that the damage of the victim is not significant.

In full view of these circumstances, Defendant’s character, character, intelligence, environment, etc. and the conditions of sentencing as shown in the pleadings, the prosecutor’s assertion is without merit, since the sentence imposed by the court below is too uneasible and unreasonable.

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.

arrow