특정범죄가중처벌등에관한법률위반(운전자폭행등)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and three years of probation, and two hundred hours of community service order) imposed by the court below is too unreasonable.
2. The crime of this case was committed by the Defendant by assaulting the victim who was operating a taxi and causing injury to the victim. Considering the fact that at the time of the crime, the occurrence of a traffic accident and there was a risk of causing serious damage not only to the direct victim of this case but also to the lives, bodies, etc. of citizens irrelevant to this, the nature of the crime is not very good.
In addition, in the past, the Defendant had a record of being subject to criminal punishment several times due to violent crimes, etc., and in 2009, the Defendant again committed the instant crime despite being sentenced to a summary order of fines for the same kind of crime, such as assaulting a taxi driver, etc.
Such circumstances are disadvantageous to the defendant.
Provided, That the degree of injury of the victim due to the defendant's assault is relatively minor due to the injury of the victim, such as an oral injury requiring medical treatment for ten days, damage to the integrity of the mouth, etc.
There is no particular criminal history for the defendant after 2010.
In the first instance, the defendant recognized the crime of this case, and reflects the depth thereof, and the victim paid 2 million won as agreed upon by the victim, and the victim did not want the punishment against the defendant.
In full view of such circumstances as the circumstances favorable to the defendant and the age, character and conduct, family relationship, motive of the crime and circumstances after the crime, etc., the punishment sentenced by the court below is somewhat unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.
another judgment.