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(영문) 인천지방법원 2015.09.24 2015노1477

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant A: imprisonment with prison labor for six months, one year of suspended execution and 120 hours of community service order, defendant B: imprisonment with prison labor for four months of suspended execution, one year of suspended execution, and eight hours of community service order) of the court below is too unreasonable.

2. In the judgment of the court below, the defendants all of the crimes of this case were led to confessions of all of the crimes of this case; the court below made payment of a certain amount to the victim D and agreed that the victim wanted the defendant to leave the ship; however, the crime of this case was committed by the defendants A while the defendants were getting a taxi on the new wall, and the defendants used violence and intimidation against the victim who is a taxi engineer; since the defendants jointly inflicted bodily injury on the victim, the crime is not committed; the defendants are not guilty; the defendants' whole or part of the crimes of this case were denied from the investigation stage to the court below to the court below at the present time; the defendants' previous convictions were three times for the same crime; the records of suspension of indictment are two times for the same crime; the defendant Eul's previous convictions for the same crime are highly likely to repeat crimes; the age and age of the defendants; the motive, method and method of the crime of this case; and the circumstances after the crime of this case are too unfair.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.