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(영문) 춘천지방법원 강릉지원 2018.05.31 2017노570
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.

2. The driver’s assault is a serious crime that may cause serious danger to one’s life.

The Defendant, without any reason, assaults a victim who has driven a taxi and transferred his act to a hand-on device without any reason.

The Defendant committed the instant crime without being aware of it even during the period of repeated crime.

However, the degree of the assault of this case is not much serious.

A injured person does not want the punishment of the defendant by agreement with the defendant.

The risk of traffic accident was not realized due to the defendant's crime.

In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s sentence against the Defendant is too uneasible and unreasonable.

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

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