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(영문) 서울동부지방법원 2016.10.28 2016노688

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (the fine of KRW 10,000,000) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. As examined below, comprehensively taking into account all the conditions of sentencing as shown in the records of this case, such as the circumstances favorable to the defendant's disadvantage, the age, character and conduct, economic condition, etc., the sentence imposed by the court below is deemed to be too heavy or less appropriate.

The defendant committed the crime of this case at a disadvantage: The crime of this case results in a dangerous situation that may cause more severe damage, such as traffic accidents, by assaulting a driver operating a motor vehicle on several occasions; the nature and circumstances of the crime are serious; the defendant has been punished for violent crimes three times; in particular, on December 27, 2014, the crime of this case was committed with the same content as this case, and the punishment was finalized for two years of suspension of execution on December 27, 2014, and was in the period of suspension of execution: The degree of assault is not serious; it appears that the crime was committed with contingent crimes under the influence of alcohol; it seems that it was committed in depth after the crime was committed; it is the most family member of the defendant, such as a sick or sick.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.