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(영문) 서울고등법원 2014.01.17 2013노3691
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the court below (one year and six months of imprisonment with prison labor, three years of suspended execution, and eight hours of social service) is too unhued and unreasonable;

2. The instant crime was committed by the Defendant by assaulting the victim who was driving a taxi for business purpose, and the Defendant’s liability for the instant crime is not easy considering the specific details of the crime and the fact that it did not reach an agreement.

However, in full view of all of the sentencing conditions in the instant case including the Defendant’s age, character and conduct, environment, motive and means of crime, and result, and the application of sentencing guidelines by the Sentencing Committee, it cannot be deemed that the lower court’s sentence against the Defendant is unreasonable compared to the degree of the Defendant’s responsibility, as it is excessively unreasonable, considering the following factors: (a) the degree of damage caused by the crime is relatively minor; (b) the Defendant deposited KRW 5 million for the victim (the victim of the second traffic accident resulting from the instant case) and having no record of criminal punishment until now; and (c) the Defendant’

Therefore, prosecutor's assertion is without merit.

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

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