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(영문) 의정부지방법원 2020.11.12 2019노3104
특수상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and probation) of the lower court is deemed to be too unhued and unfair.

2. The judgment of the defendant was made by driving a car to get out of the victims, and the victims got out of the rest of moving and moving the vehicle.

Crime is planned.

In light of the degree of damage of damaged cars, the degree of shock of victims who were on board the damaged cars seems to have been considerable.

The extent of victims' injuries and the amount of damage caused by vehicles is reasonable.

The defendant has already been punished for the crime of damaging property and the crime of injuring property.

On the other hand, the defendant shows his attitude to reflect his wrongness in depth.

The victims seem to have committed a crime in the situation that the defendant was requested to divorce from his wife, his wife, his wife, and his wife.

The victim B is currently in a divorce lawsuit.

In the original trial, the victims do not want to be punished for the defendant by mutual consent between the victims and the victims.

In addition, even if the defendant's age, living environment, motive and background of the crime, relationship with victims, circumstances after the crime, criminal records, etc. are considered, the sentence of the court below added to probation is too uneasible and unreasonable.

The prosecutor’s assertion of unfair sentencing is difficult to accept.

3. The appeal by the prosecutor of the conclusion is groundless, 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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