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(영문) 서울고등법원 (춘천) 2015.04.22 2015노12

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of imprisonment with labor (one year and six months) of the lower court is excessively unreasonable.

Judgment

In light of the favorable circumstances, such as the confession of the Defendant’s crime, alcohol dependence and the suffering of yellow disorder, and the fact that the Defendant did not agree with the victims until now, and did not take any particular measures to recover damage, there was a history of 10 times or punishment for the same kind of crime, and the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and various sentencing conditions indicated in the record at the time when 10 days have not yet passed since the release of the instant crime without being aware of the repeated period of the same crime, such as the fact that the Defendant left to the instant crime, etc., the lower court’s punishment cannot be deemed as being unfair as it is too unreasonable.

The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it has no reason to appeal.