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(영문) 광주지방법원 2016.06.21 2015노3336
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the court below's punishment (6 million won) is too unreasonable.

Judgment

It is recognized that the defendant has never been subject to criminal punishment and that he/she has agreed with the victimized driver and the victimized police officer.

However, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is a criminal who may cause a traffic accident and thereby inflict a serious damage on the life, body, or property of a third party. Unlike the general crime of assault and intimidation in the event of assault and intimidation, the criminal is punished by aggravated punishment by imprisonment for not more than five years or by a fine not exceeding 20 million won. However, the defendant is not guilty of any assault and intimidation, such as spiting the victim's face, which is a taxi driver.

In addition, even after being arrested as a flagrant offender, the Defendant cannot be deemed to have been subject to a fine of 6 million won, compared to the illegality of the Defendant’s crime by spiting spiting spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit spit

In addition, comprehensively taking into account all the factors of sentencing as shown in the pleadings of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

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