특정범죄가중처벌등에관한법률위반(운전자폭행등)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment for four months, two years of suspended execution, and 80 hours of probation and community service order) of the first instance court is too unreasonable;
2. The judgment of this case is that the act of assaulting a taxi driver on a new wall is not good when considering the risk of assaulting the driver may lead to a traffic accident.
Although the defendant had been punished several times for violent crimes, he committed the crime of this case.
The first instance court has already determined the punishment in consideration of the conditions favorable to the defendant, and there is no special change in the circumstances or circumstances that can be newly considered in sentencing.
In addition, in full view of the defendant's age, character and conduct, environment, circumstances of crimes, details, results, and all the sentencing conditions shown in the records and pleadings, the first instance sentence is too unreasonable.
Defendant’s assertion is without merit.
3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.
However, in accordance with Article 25 of the Regulation on Criminal Procedure, the "Act on the Punishment of Violences, etc." in Article 260 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is amended as "the Act on the Aggravated Punishment, etc. of Specific Crimes" and deleted.
.