특정범죄가중처벌등에관한법률위반(운전자폭행등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Summary of Grounds for Appeal
The sentencing of the lower court (two months of imprisonment, two years of suspended execution, two years of probation, community service, 80 hours of imprisonment) is too unreasonable.
Judgment
In addition, even though the defendant had been subject to criminal punishment 12 times in total including that of the same kind of crime, he committed the crime of this case, and the fact that the defendant did not reach agreement with the victim up to the trial court, etc., which is unfavorable to the defendant, but is contrary to all the confessions of the crime of this case, the victim is not in the position of injury due to the defendant's assault, the implementation of probation and community service order in the situation where the defendant has retired from the place of work accompanying the crime of this case and sought a new job, seems to be harsh to the defendant. In addition, considering the motive and background of the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, and environment, the sentencing of the court below is somewhat unreasonable.
As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;
1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);