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(영문) 부산지방법원 2017.03.09 2016노4797
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The following can be considered as sentencing materials favorable to the Defendant: (a) the Defendant, while under the influence of alcohol due to the impulse of the death of her mother, committed the instant crime by contingency; (b) the Defendant was detained for a considerable period after the sentence of the lower judgment was rendered; and (c) the Defendant’s mistake was against the victim of the instant crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as assault by the driver)

However, on September 16, 2015, the Defendant was sentenced to a two-year sentence of suspension of the execution of official duties on the part of the Defendant who was sentenced to a two-year sentence of suspension of the execution of official duties on September 16, 2015, and committed the instant crime of interference with the execution of official duties without being aware of the fact that he was under the suspension of the execution, and in order to establish the state’s legal order and

In addition, considering the above-mentioned favorable circumstances, the sentence of the court below is not hot, even if considering the above-mentioned favorable circumstances, in light of the records and all the conditions of sentencing, such as the defendant's age, sex, and environment.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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