특정범죄가중처벌등에관한법률위반(운전자폭행등)
The judgment of the court below is reversed.
The punishment of the accused shall be determined by two years of imprisonment.
However, from the date this judgment becomes final and conclusive.
1. On the basis of the judgment on the argument of unfair sentencing by the defendant, the victim made an agreement with the victim on the argument of unfair sentencing, and the victim made an interview with the defendant and paid the provisional custody money for the defendant, and the court submitted a written application that the defendant does not want to be punished.
This is an element of sentencing to be newly considered for the defendant.
In addition, the facts that the Defendant recognized all of the instant crimes and divided, that is the primary offender who had no record of criminal punishment prior to the instant case, and that the Defendant’s wife appears to be publicly notified of social ties, such as the Defendant’s wife, etc., are favorable to the Defendant.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, and all the sentencing factors indicated in the instant records and arguments, the sentence of the lower court, even if considering all the factors unfavorable to the Defendant among the various sentencing factors, is excessively unreasonable.
2. The defendant's appeal is with merit, and the judgment of the court below is reversed and it is so decided as follows.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, it shall be quoted pursuant to Article 369 of the Criminal Procedure Act
Application of Statutes
1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in the preceding favorable circumstances);
1. Article 62 (1) of the Criminal Act on the suspension of execution (the forward consideration shall be repeatedly given in favor of the former);
1. As seen in the determination of the grounds for appeal for the sentencing of Article 62-2(1) of the Criminal Act, various factors of sentencing are integrated as ordered.