특정범죄가중처벌등에관한법률위반(운전자폭행등)
All appeals by the defendant and the prosecutor are dismissed.
1. The gist of the grounds for appeal by the defendant is that the defendant's appeal is unfair because the defendant's punishment (five million won in penalty) is too large, and the prosecutor's grounds for appeal are too unfeasible and unfair.
2. When considering the sentencing factors favorable to the defendant, such as the following facts: (a) the victim B, who is a taxi driver due to the assault committed by the defendant, was involved in shocking the backer of the other vehicle; (b) the defendant committed the instant crime again during the period of suspension of execution due to the same kind of crime even though there were many records of violence against the defendant; (c) the defendant is not much serious to the sentencing factors that are disadvantageous to the defendant; and (d) the defendant is against the defendant, and the defendant does not want the defendant's punishment upon agreement with the victim; and (e) the sentence imposed by the court below is not deemed to be too heavy or too unreasonable because it is too heavy or unfeasible.
3. According to the conclusion, all appeals filed by the defendant and the prosecutor are without merit, and they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.