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(영문) 서울중앙지방법원 2019.05.09 2018노3570

특수폭행치상

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. The judgment is against the defendant, and the degree of injury of the victim is minor.

However, the defendant, on the ground that the bus was excessively changed to another lane, operated a bus rapid operation several times in front of the bus in which many passengers get on board and avoided it and changed the lane, thereby preventing the bus from passing through a change of the lane. Accordingly, the bus was changed to another lane, and the bus was changed to a lane rapidly and rapidly, thereby blocking the bus from passing ahead.

Accordingly, passengers on the bus, including the victim, have shaking their body so far as they can display their body.

The defendant was unable to receive suspicion from the victim.

Although the Defendant had already been punished for a fine in relation to driving of a motor vehicle or for a suspended sentence, he/she again committed the crime of retaliation driving by using a motor vehicle.

In addition, considering various sentencing conditions, such as the character and conduct of the defendant, the background of the crime, and the circumstances after the crime, the sentence imposed by the court below is deemed unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 262, 261, and 257 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;