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(영문) 울산지방법원 2019.07.19 2019노412

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unreasonable.

2. It is recognized that the judgment is based on the following facts: (a) the Defendant recognized the instant crime and reflects the Defendant; (b) the victim did not want to punish the Defendant by mutual consent with the victim; and (c) the occurrence of a traffic accident has not occurred.

However, the crime of this case was committed on the ground that the defendant was on board a bus and did not have a bus at a place that the victim wants. The crime of this case was committed in light of the method and attitude of the crime, and the nature and circumstances of the crime are not good. The violence against the bus driver may cause serious damage to the life, body, etc. of a third party, such as passengers, etc. by causing traffic accidents. The crime of this case was committed by the Ulsan District Court on December 3, 2015, which was sentenced to punishment on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the defendant committed this case without being aware of it during the period of repeated crime. In full view of all the circumstances of the defendant's economic situation, age, character and behavior, environment, circumstances after the crime, and whether there was a change in the situation after the sentence of the court below was sentenced, it cannot be deemed that the court below's punishment is unreasonable and unreasonable.

Therefore, the defendant's assertion is without merit.

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