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(영문) 부산지방법원 2018.04.05 2017노3975
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of six months, the suspension of the execution of two years, the order of education for alcohol treatment lectures 40 hours, the order of education for violent treatment lectures 40 hours, and the community service order 40 hours) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Although the Defendant agreed with the victim, the instant crime is not limited to the Defendant’s assaulting a driver in a taxi in operation, and the assault against a driver is not merely causing damage to an individual, but is highly likely to cause additional damage by causing a traffic accident, and it is inevitable to punish the Defendant with severe criminal records of the same kind.

The circumstances alleged by the Defendant on the grounds of appeal appear to have already been considered in the sentencing process of the lower court, and there is no new change in circumstances that could change the sentence of the lower court in the trial.

In addition, when comprehensively considering the circumstances leading to the defendant to commit the crime and the circumstances after the crime and the scope of the recommended punishment according to the sentencing guidelines, the sentence sentenced by the court below is conducted within the reasonable scope of discretion, and is not hot.

3. Accordingly, 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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