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(영문) 인천지방법원 2017.06.23 2017노287

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of suspension of execution, one year of protection observation, and forty hours of community service in six months) imposed by the court below is too unreasonable.

2. According to the agreement with the proxy driving technician of the victim of this case, the victim does not want the punishment of the defendant; the defendant's mistake and reflects that the victim is recognized; the defendant operates his business body and plans to move abroad; the defendant's wife wants to move abroad; etc. However, the crime of this case is committed in favor of the defendant. However, even if the defendant's assertion is based on the defendant's assertion, because the defendant's appearance of the substitute driving engineer driving on the expressway is bad because his situation is not good, it is not good in the course of the crime or circumstantial circumstance; the above assault against the driver is a traffic accident; there is a need to punish the driver more strictly because it may cause second damage; the defendant has been sentenced to a fine even before the crime of this case; the defendant has been committed by assaulting the substitute driving engineer and planned to move abroad; the defendant's appearance and circumstances of the crime of this case are not sufficient to protect the defendant's health; the defendant's health and the defendant's opportunity to observe the crime of this case; and the defendant's environment and the defendant's motive and circumstances of this case are acknowledged.

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