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(영문) 춘천지방법원 2014.01.29 2013노723

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment) is too unreasonable.

2. According to the judgment, the defendant can have been punished for the same crime including a sentence and a suspended sentence. The defendant again committed each of the crimes of this case without being sentenced to a summary order of a fine of one million won and a fine of two million won for the same crime during the repeated crime period due to the same crime, etc., and without being sentenced to a summary order of a fine of one million won and a violation of the Punishment of Violences, etc. Act (joint injury). Each of the crimes of this case is deemed to be disadvantageous in light of the nature of the crime and the crime, and there are no circumstances to consider the reason or motive of the crime. The defendant did not take substantial measures to recover damage to the trial, and the defendant did not reach an agreement with the victims, and considering the various conditions of sentencing as shown in the arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the above argument by the court below is without merit.

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