특정범죄가중처벌등에관한법률위반(운전자폭행등)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of imprisonment, three years of suspended execution) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The instant crime was committed by the Defendant by assaulting the taxi engineer D, causing injury to the Defendant, resulting in the arrest of a flagrant offender after being examined, and then being released after being investigated, and then causing injury to the neighboring residents F to prevent the risk of fire by breaking himself/herself, which caused a locking, without extinguishing gas dust per week, and thereby causing injury, such as putting a drinking dust to the neighboring residents F, and the quality of the crime is not less easily and more severe. In particular, the victim F is trying to severely punish the Defendant.
On the other hand, the defendant did not have any record of being sentenced to punishment, and seems to have committed the crime of this case by chance while drinking alcohol.
The defendant agreed with the victim D only smoothly, and the victim F's damage is expected to be recovered to a certain extent through the civil lawsuit filed by the victim against the defendant.
The defendant has seriously reflected his mistake, and he again saw that he will not avoid committing such a crime.
In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and circumstances after the commission of the crime, the sentence imposed by the lower court is deemed to be within the appropriate range of sentence corresponding to the Defendant’s liability, and it is not determined that the sentence is too heavy or unreasonable.
Therefore, the above argument by the defendant and the prosecutor cannot be accepted.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
(b).