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(영문) 광주지방법원 2020.12.10 2020노140
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 (one million won of fine, one year of suspended execution) is too unhued and unreasonable.

2. The fact that the defendant did not receive a letter from the victim is disadvantageous to the defendant.

On the other hand, the bus operated by the victim at the time of assaulting the victim was stopped and thus there was no risk of causing danger to traffic by the defendant's act of assault, the degree of injury suffered by the victim is not significant, and there is no record of criminal punishment exceeding a fine.

In addition, the Prosecutor’s assertion is not acceptable on the ground that the sentence of the lower court is too unjustifiable and unreasonable, comprehensively taking account of the Defendant’s age, character and conduct, family environment, motive and background of the crime, and the circumstances after the crime.

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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