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(영문) 부산지방법원 2017.04.28 2016노5127

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of six months, one year of observation of protection) is too unreasonable.

2. The judgment of the defendant is recognized that the defendant led to the confession of the crime, and his mistake is divided, the degree of violence is not serious, and the agreement with the victim is reached.

However, in addition to the possibility of criticism against the crime of this case, the act of assaulting the driver of a motor vehicle in operation like the crime of this case constitutes a very dangerous act that may cause damage to the body or property of a third party by causing additional accidents, such as traffic accidents, and thus, it is necessary to strictly punish such act. The defendant has been punished more than ten times, the defendant has been subject to a fine, there has been records of being subject to suspended execution, and among them have been punished several times as violent crimes, and the defendant's age, sexual behavior, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions in the arguments of this case, such as the circumstances after the crime of this case, it is not recognized that the court below's punishment is too unreasonable.

Therefore, the 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 on the grounds that it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench. However, since it is apparent that the Defendant’s “off from his own car” was erroneously omitted after the Defendant’s “off from his own car” in the judgment of the court below, it is corrected to add it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.