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(영문) 부산지방법원 2016.07.07 2016노1591
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The following facts are recognized: (a) the Defendant recognized all of the instant crimes; (b) the victim of the crime of destruction of special property only agreed with the victim and thus, the victim did not want to be punished by the Defendant; (c) the victim appears to have caused the instant crime by contingency under the influence of alcohol; and (d) the amount of damage caused by the crime of fraud exceeds KRW 4,100, and the amount of damage caused by the crime of destruction of special property is relatively small and medium.

However, the crime of assault by drivers, etc. is highly dangerous for a crime that may cause a traffic accident to inflict serious damage on the life, body, and property of a third party; the defendant has been punished several times in the same kind of violent crime and crime of fraud; in particular, even if he/she was sentenced to two times or more due to forced indecent act, injury, damage to property, etc., he/she again committed each of the crimes of this case; and in consideration of all the sentencing conditions indicated in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, circumstances of the crime of this case, and circumstances after the crime, etc., the punishment imposed by the court below shall not be deemed unfair.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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