beta
(영문) 광주지방법원 2020.05.26 2020노620

특수폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime, the Defendant did not have any criminal record exceeding the fine, the victims did not punish the Defendant, and the victims of the instant accident appear not to be much severe than the injury suffered by the victims of the instant accident by mutual consent with all victims.

On the other hand, there are two times of violence criminal records against the defendant, and the defendant is disadvantageous to the defendant, after the occurrence of the traffic accident in this case, driving the siren of the vehicle in this case, requesting the defendant to make a statement as the defendant was present at the early stage of the accident, leaving the scene of the accident, and attending the investigation agency after the formation of this frame

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, it cannot be deemed that the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

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