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(영문) 서울고등법원 2016.09.08 2016노762

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below is too inappropriate.

2. It is recognized that the defendant's mistake is divided into his own mistake, and that the defendant agreed with the victim.

However, even though the defendant had been punished several times due to the violation of the Punishment of Violences, etc. Act, he again commits the crime of this case. The crime of this case is committed by forcing the defendant to commit an indecent act by force against the victim, assaulting the victim who is the driver of a vehicle in operation to injure the victim, and the crime of this case is committed through rough or disorderly words and conducts at a government office under the influence of alcohol, and the nature of the crime is not good. The crime of this case is committed with considerable mental suffering and pain to the victim. In addition, considering the defendant's age, character and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the defendant's age, character and behavior, environment, motive and consequence of the crime, etc., the defendant's above assertion is not justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, Article 62 (1) of the Criminal Procedure Act is clear that it is a clerical error referred to in Article 62 (1) and (2) of the Criminal Procedure Act, and thus, it shall be corrected in accordance with Article 25 (1) of the Rules on Criminal Procedure.