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(영문) 부산지방법원 2017.12.01 2017노3608
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an offense of 1018, 2017 senior group 3199 senior group 2017 senior group 2017 senior group 319: Imprisonment with prison labor for May and 2017 senior group 4 months: imprisonment with prison labor for 4 months) is too uneased and unfair.

2. The fact that there is no agreement with the victims of judgment, there is a history of criminal punishment several times for violent crimes, and the fact that the victims committed a second crime without being aware of it during the period of probation is disadvantageous to the defendant.

However, in full view of the favorable circumstances such as the fact that all of the crimes are recognized, and that some of the crimes should be considered at the same time with the crime committed by the first head of the crime as indicated in the judgment of the court below, and other factors of sentencing such as Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., it is difficult to view that the sentence of the court below is too uneasible and unfair.

Therefore, the prosecutor's above argument of 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 grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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