특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The defendant does not pay the above fine.
1. The summary of the grounds for appeal is unreasonable in light of the fact that the defendant is likely to suffer disadvantage in the reappointment of professors due to the instant case, etc.
2. Determination (1) The fact that the Defendant was arrested as a taxi driver and police officer, and the Defendant committed a bath or disturbance at the police station after he was arrested as a result of the instant crime (Evidence Record 21 pages) is disadvantageous.
② However, in full view of the following circumstances: (a) the Defendant has no history of criminal punishment; (b) the Defendant is against the recognition of the instant crime; (c) the victim B submitted a written agreement that does not want the Defendant’s punishment at the investigation stage; and (d) the victimized police officer C submitted a written application that does not want the Defendant’s punishment at the trial; and (c) other circumstances that form the conditions for sentencing, such as the background, means, consequence, and the circumstances after the instant crime, the sentence of the lower court is somewhat unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is reversed, and it is so decided as follows.
[Judgment of the court below] The summary of criminal facts and evidence against the defendant is identical to that of each corresponding column of the court below's judgment. Thus, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act, and selection of fines for each crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;