특정범죄가중처벌등에관한법률위반(운전자폭행등)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court against the Defendant is too unreasonable.
2. The judgment is a favorable condition for the defendant that the defendant recognized the crime of this case and reflects the mistake, that the defendant does not want the punishment of the defendant, and that there are children who have to support the defendant.
On the other hand, the crime of this case is committed in the following cases: (a) the degree of assault is more than 10 times, and the degree of assault is serious; and (b) the risk of interference with the general traffic is bad; (c) the defendant has been punished 10 times due to violent crimes (three times of actual punishment, three times of suspended sentence of imprisonment, three times of fines), (d) the defendant committed the crime of this case in which he/she assaults a taxi driver under the influence of alcohol without being aware of himself/herself during the period of suspended execution due to the crime in which he/she inflicts bodily injury on his/her main employees under the influence of alcohol; and (d) the defendant committed the crime in this case under the influence of alcohol and without any special change
In addition, the defendant's age, character and conduct, environment, background and result of the crime in this case, all of the sentencing conditions in this case, such as the circumstances after the crime, and the result of the application of sentencing guidelines by the Sentencing Commission [decision of type] of violence crime in the first category (general violence): The mitigation element in the case where punishment is not applied (including serious efforts to recover damage) or a significant damage has been recovered: the aggravated element in the case where the driver of a vehicle in operation was assaulted (type 1): the basic area [Scope of Recommendation Form] in the case where the court below's punishment is too unreasonable, taking into account the defendant's age, character and conduct, environment, the circumstances after the crime in this case was committed, etc.
3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.