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(영문) 수원지방법원 2018.08.22 2018노1874
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. The judgment of the defendant has the record of being punished several times for violent crimes, and repeating the crime of this case even during the period of repeated crime due to interference with a separate business, etc. is disadvantageous.

However, in consideration of the favorable circumstances, such as the fact that the defendant repents and reflects his mistake, the fact that the victim does not want to punish the defendant, the victim is a family member to support the defendant, etc., and all of the sentencing conditions in the instant case, such as the defendant's age, sex, environment, circumstances and result of the instant crime, etc., the court below's punishment is too uneasible and unfair, so the prosecutor's above assertion is without merit.

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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