특정범죄가중처벌등에관한법률위반(운전자폭행등)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing of Defendant) is too unreasonable that the sentence imposed by the lower court (two years of suspended sentence for six months of imprisonment, observation of protection, and community service order for 80 hours of imprisonment) is too unreasonable.
2. After the examination of the court below on the victim as to the victim, the defendant and the defendant Eul jointly with the court below expressed the victim's intention not to be punished by the defendant by paying two million won to the victim after the examination of the court below on the victim, and the victim expressed his/her intention not to be punished by the defendant, and the defendant submitted the victim's testimony at latest after the testimony of the court below, and the defendant's intention to repent his/her mistake is favorable to the defendant.
However, the Defendant committed the instant crime of assaulting a victim, who is a taxi engineer, seeking to enter his/her address in this Section at the end, on the ground that, during the suspension period of the execution of imprisonment with labor due to a crime of interference with the performance of official duties, the Defendant was under the influence of alcohol on the taxi and did not know his/her destination accurately and did not want to be informed of his/her intended destination. The background and nature of the crime is not good.
In addition, the circumstances after committing the crime, such as leaving the dynamics, such as the Defendant’s discontinuance of operation due to the instant crime and continuing to threaten the victims getting on the taxi, and being arrested as the current criminal, taking the victim’s desire and threatening to the police station while being transferred to the police station, and avoiding disturbance, etc., are also poor, and the Defendant continued to have an attitude to avoid liability and avoid liability by actively asserting false facts in the course of investigation and the trial of the court below. The victim testified in the court of original instance that “shall be punished by strong punishment against the Defendant denying the crime,” and there are many other unfavorable circumstances, such as the fact that there are a number of criminal records of the same kind including the suspended sentence, etc.
In addition, it may be reflected in the sentencing after the judgment of the court below.