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(영문) 대구고등법원 2014.06.11 2013노638
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 2,00,000) imposed by the lower court is too uneased and unreasonable.

2. The instant crime was committed by the Defendant on the ground that the Defendant did not properly receive the taxi seat money, and subsequently assaulted the victim, who is a taxi engineer, and subsequently used the victim to drive the taxi. The circumstances and details of the instant crime, especially the fact that the assault against the driver of the vehicle in operation was a dangerous act that may cause a traffic accident, and that there was a record of having been punished for the same kind of power, etc. are disadvantageous to the Defendant.

On the other hand, the degree of injury of the victim caused by the instant crime is relatively relatively relatively less, and the victim does not want the punishment of the defendant under an agreement with the victim, and the defendant has no record of criminal punishment other than a fine, etc. are favorable to the defendant

In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s character, conduct, environment, family relationship, motive, means and consequence of the instant crime, including the sentencing factors favorable or unfavorable to the Defendant, etc., the sentence imposed by the lower court against the Defendant is determined to be within the appropriate range of sentence corresponding to its liability, and it is not determined to be unfair because it is too uneasible.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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