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(영문) 수원지방법원 2013.03.27 2012노5423
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Although the defendant's decision on the defendant's assertion of unfair sentencing is taken into account the fact that his mistake is divided, that drinking alcohol is drunk and contingent, the assault against the driver of an automobile in operation is a very dangerous act that may cause damage to many and unspecified persons by causing a traffic accident, and the nature of the crime is not less than that of the crime when considering the fact that the police officer assaults the driver even after the taxi was called out, and the police officer did not receive a letter from the victim up to the trial, and there is no specific effort to reach an agreement, it has already been committed by multiple violences, the defendant's age, character and conduct, environment, circumstances after the crime, etc., as well as all the sentencing conditions shown in the arguments and records of this case, it cannot be said that the punishment sentenced by the court below (6 months of imprisonment, suspended execution, 2 years of imprisonment, community service, 80 hours of imprisonment) is unfair.

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so. It is so decided as per Disposition.

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