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(영문) 부산지방법원 2018.05.10 2018노652
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence against the Defendant on the summary of the prosecutor’s appeal grounds (the imprisonment of eight months and the suspension of the execution of two years, the fine of three hundred thousand won, and the community service order of one hundred and sixty hours) is too uneasy and unreasonable.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s given that no new data on sentencing are submitted in the trial, and there is no change in the sentencing conditions compared with the lower court’s given that the sentencing of the lower court was too unfilled and exceeded the reasonable scope of discretion, in full view of the factors revealed in the arguments in the instant case.

It does not appear.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, Article 62(1) of the Criminal Act, “the following” and “Article 62(2) of the Act on the Suspension of Execution (“Application of Acts and subordinate statutes”) of the lower judgment ex officio is added.

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