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(영문) 부산고등법원 (창원) 2015.02.04 2014노389
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Since the judgment of the criminal investigation agency, the criminal defendant suffered alcohol dependence before the crime of this case, although the criminal act of this case was not judged to the degree of mental disorder, it appears that the criminal act of this case was conducted contingent impulsely under the influence of alcohol, the degree of injury suffered by the victim D is not serious, and the amount of damaged public goods is not excessive, and the victim's wife was her wife against the defendant by agreement with the victim D, and the damaged amount is also reimbursed, and there is an objective and neutral sentencing factor.

However, each of the crimes of this case, which are recognized by evidence, evidence law, and legal principles, is the case where the defendant assaults and injures the driver of a vehicle in operation and damages the public goods from the police station arrested by the above crime to the public goods, and is not suitable for the crime (in particular, the act of assaulting the driver of a vehicle in operation is stipulated under the premise that the act of assaulting the driver of a vehicle in operation goes beyond the legal interests of the victim and is a very serious traffic accident that may lead to a serious danger of causing serious harm to human lives, and thus, the crime of assault, etc. Punishment Act, injury, fraud, property damage, etc. since 1989, 11 times in total (200 to one million won) imprisonment with prison labor for the crime of robbery in 196, 2 years and 4 years, 201, 2011, 19 years and 16 years and 19 years and 2 years and 16 years and 1,000,000) imprisonment with prison labor for the crime of interference with business.

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