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(영문) 서울중앙지방법원 2020.08.20 2020노405
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant has not committed a misunderstanding of facts against the victim's face while driving the victim or assaulting the victim.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant gets off the taxi driver who was driven by the victim as stated in the judgment of the court below, and assaulted the victim's left face and shoulder with drinking. Thus, the defendant's assertion of mistake of facts is without merit.

B. Whether the degree of damage on the assertion of unfair sentencing is relatively minor is favorable to the defendant.

However, it seems that the defendant has been punished several times for the same violent crime, and that he/she seems not to reflect his/her criminal act, such as claiming that the victim has reached a complaint in the court of the trial, and that he/she has not recovered from damage, etc. is disadvantageous to the defendant.

In addition, considering the Defendant’s age, career, character and conduct, environment, motive and background of the offense, means and consequence, etc., as well as various sentencing conditions shown in the records and pleadings, the sentence of the lower court is too unreasonable.

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

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.

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