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(영문) 서울고등법원(춘천) 2020.08.19 2020노33
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the defendant is a favorable condition to the defendant, such as the fact that the defendant recognized his criminal act, the damage was not so significant, and the defendant agreed with the victim by the police.

On the other hand, the crime of this case was committed by the defendant under the influence of alcohol on several occasions while driving the victim, who is a taxi engineer, and assaulted by a larlar.

The driver assault crime causes a traffic accident and threatens the life of the defendant and the victim as well as the other person.

In 2012, the Defendant was sentenced to a suspended sentence of imprisonment by committing an act of assaulting a taxi engineer who is driving on driving on the 2012, and was sentenced to a suspended sentence of imprisonment by various kinds of violence, obstruction of performance of official duties, drinking driving, unlicensed driving, narcotics, etc., and was sentenced to a suspended sentence of imprisonment by 20 times.

Nevertheless, since the defendant committed the crime of this case even during the period of probation, even though the period of probation expires in this court, it is necessary to sentence the defendant to imprisonment.

In full view of the following facts: (a) there is no change of circumstances that the court would otherwise change in the circumstances unfavorable to the Defendant in addition to the above circumstances; and (b) other various factors of sentencing, including the Defendant’s age, character, conduct, environment, family relationship, motive, means and consequence of the crime; and (c) the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. As such, 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.

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