beta
(영문) 울산지방법원 2017.02.10 2016노2136

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case is an act of assaulting the victim's face one time without any particular reason while under the influence of alcohol by getting on and off the taxi that the victim drives, and the crime of this case is not less severe in light of the circumstances and attitudes of the crime. The defendant has been subject to criminal punishment seven times prior to the crime of this case (two times of actual punishment, one time of suspended execution, and four times of fine). In particular, the defendant committed the crime of this case without having committed the crime during the suspended execution period for the same kind of crime, which is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, such as the confession of the crime of this case and the depth against the defendant, the fact that the defendant deposited 300,000 won for the victim, the victim does not want the punishment, the degree of violence or the degree of damage is not severe, the defendant appears to have come to commit the crime of this case somewhat contingent and contingent, and there was no significant result such as the injury to the victim or the occurrence of accident during the course of the crime of this case, etc., the defendant's age, sexual behavior, family environment, motive and circumstance of the crime, the means and consequence of the crime, etc., as well as various sentencing conditions as shown in the argument of this case, such as the circumstances before and after the crime, it is not recognized that the punishment imposed by the court below is too unreasonable.

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