특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The defendant's appeal is dismissed.
1. The sentencing of the lower court (a fine of four million won) is deemed to be too unreasonable in light of the gist of the grounds for appeal.
2. Determination
A. There are extenuating circumstances, such as the confession of a crime, the victim’s damage level is relatively minor, and the victim B does not want punishment (Article 29 of the Investigation Records).
B. On the other hand, in light of the fact that the crime of this case is committed by the Defendant without any particular reason by assaulting the victim who is driving, receiving a report, and at the same time, by obstructing the performance of official duties, the crime of this case is highly serious, and that the Defendant was committed with the previous charges and sentence, and that the victim G was punished, it is necessary to strictly punish the Defendant.
In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, living environment, motive, circumstance and consequence of the crime, and circumstances after the crime, the lower court’s punishment is adequate.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.