특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. The judgment of the defendant expressed his/her wish not to punish the above victims because he/she agreed with K and K of the victims of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.).
In addition, efforts to reach an agreement with the victim I of the crime of assault seems to have been made to some extent.
(A) The reasoning of the judgment of the court below did not reach an effective agreement. The defendant stated that his mistake is divided and rebuttald.
In February 11, 2020, the defendant got kneeless surgery on February 11, 202 and has a good health condition.
These circumstances can be considered in light of the circumstances favorable to the defendant.
However, in light of the method of each of the crimes of this case, the form of the act, the degree of damage (as for the injured victim K, about six weeks of medical treatment, the injured victim incurred injuries, such as cage cages, etc.), etc., the crime is not considerably good.
Although there have been a history of punishment more than 30 times for violent crimes, the defendant has again committed violence against many victims without any particular reason.
Although the defendant was sentenced to four years of imprisonment for the same kind of crime before the instant case, there is a high possibility of criticism in that he/she again commits each of the instant crimes at least four months since the date of release.
It is difficult to see that the defendant continuously repeats the crime during the period of repeated crime, and the risk of repeating the crime is very high, and the compliance consciousness is very weak.
In addition, the defendant did not agree with the victim I up to the trial, and the victim expressed his wish to punish the defendant.
Considering these unfavorable circumstances, some favorable circumstances as seen earlier are also considered.