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(영문) 서울동부지방법원 2015.09.18 2015노477

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court against the Defendant is too unreasonable.

2. The judgment is recognized that the defendant has both the time to commit the crime and reflects the mistake in depth, the fact that the defendant agreed with the victim smoothly, the fact that the defendant seems to have reached contingent crimes under the influence of alcohol, and that the economic situation is not sufficient and registered as a disabled person of class 3 of disability.

However, in full view of the following circumstances: (a) the Defendant was sentenced one time to a suspended sentence due to the same crime; (b) the Defendant had a criminal record of having been sentenced nine times to a fine due to a crime of violence; (c) the Defendant did not present the circumstances to change the sentence of the lower court in the trial; and (d) the Defendant’s career, environment, and family relationship, the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.