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(영문) 대구지방법원 2016.10.27 2016노202
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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 months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unhued and unreasonable.

2. However, the Defendant assaulted a taxi engineer on an expressway to commit the instant crime, which is very bad in the quality of the crime, and the degree of injury to the victim due to the Defendant’s assault, and the Defendant was also denied by an investigative agency the instant crime.

In addition, the victim has yet to be punished for the defendant, and the defendant has been punished for a violation of the Punishment of Violences, etc. Act (joint violence).

However, in full view of all kinds of sentencing conditions in the records, including the fact that the defendant recognized the facts charged and reflects the facts charged, etc., it is not recognized that the sentence of the court below is unreasonable as it is deemed unfair.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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