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(영문) 수원지방법원 2019.02.13 2018노7893
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that of the lower court’s imprisonment with prison labor for not less than ten months, which is deemed to be too unhued and unreasonable.

2. The judgment of the Defendant exercised violence against many victims in a short period, and the content and result of the violence are relatively weak, the Defendant’s drinking is relatively high, the victims did not agree with each other, and some of the crimes are crimes committed during the period of repeated crime.

The fact that the defendant's mistake is against the defendant, and there is room for considering the circumstances of some crimes, etc. are favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, and circumstances before and after committing a crime, it is difficult to deem that the lower court’s punishment is too unjustifiable and unreasonable in light of the following circumstances, even if there is no change in circumstances that may be assessed differently from the sentencing conditions of the lower court.

Therefore, 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 as it is without merit. It is so decided as per Disposition.

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