특정범죄가중처벌등에관한법률위반(운전자폭행등)
The defendant's appeal is dismissed.
Costs of trial in the trial shall be borne by the defendant.
1. Summary of grounds for appeal;
A. There is no mistake of fact that the Defendant spits a spite on the victim’s face in operation of a vehicle.
B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.
2. Determination
A. 1) The lower court also asserted the same as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on the ground that the Defendant spited the victim’s face by taking into account the circumstances such as the statement duly admitted and investigated by evidence. 2) Examining the lower court’s aforementioned judgment in comparison with records, the lower court’s determination is just and acceptable, and there is no error of law of misunderstanding of facts as alleged by the Defendant.
The defendant's assertion of mistake is without merit.
B. In full view of the following circumstances: (a) the Defendant’s failure to deny the Defendant’s criminal act up to the party’s trial; (b) there is no change in circumstances that may consider the sentencing after the lower judgment; and (c) other circumstances that form the conditions for sentencing specified in records and pleadings, the lower court’s sentence is excessively unreasonable.
The defendant's assertion of unfair sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that there is no ground for appeal. It is so decided as per Disposition by the application of Articles 191 (1) and 190 (1) of the Criminal Procedure Act