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(영문) 의정부지방법원 2016.12.01 2016노2456
폭행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The main reasons for appeal are as follows: imprisonment (eight months) imposed by the court below on the defendant is too unfluent.

Defendant

The above-mentioned sentence imposed by the court below on the defendant is too unreasonable.

Judgment

The defendant has no history of criminal punishment.

In the original trial, the victim H expressed his/her intention not to punish the victim.

However, the series of crimes in this case committed violence against the defendant, who arrived at a destination, driving the above taxi without a driver's license, and obstructed the above taxi business in the course of the crime, and subsequently assaulting the police officer in order to refuse to comply with a police officer's request for alcohol measurement and to refuse to arrest.

Even after the fact, the Defendant was driving a motor vehicle without a driver's license of the motor vehicle and caused an accident.

Until the trial of the case, the defendant agreed with the victim C and the victim police officer, or failed to recover the damage.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means, and consequence of the crime, etc., all the sentencing conditions as shown in the instant pleadings, including the circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court Sentencing Committee, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's assertion are without merit.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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