(영문) 대구지방법원 2016.09.30 2016노1502 | 리걸엔진

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(영문) 대구지방법원 2016.09.30 2016노1502

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court found the Defendant guilty on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case, and dismissed the public prosecution on the charge of assault. The part of dismissing the public prosecution for which the prosecutor did not appeal was final and conclusive by the lapse of the appeal period, and thus, in the first instance court, the judgment is to be made only on the guilty portion among the judgment below.

2. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

3. It is recognized that the defendant has divided his mistake and agreed with the victim.

However, in addition to the possibility of criticism against the crime of this case, the act of assaulting the driver of a motor vehicle in operation like the crime of this case constitutes a very dangerous act that may cause damage to the body or property of a third party by causing an additional accident, such as traffic accident, and thus, it is necessary to severely punish such act. The defendant requires a fine through several times due to violent crimes, etc., the defendant has a record of suspension of execution, punishment, and there is no change of circumstances that may otherwise determine the original judgment and the punishment, and there is no other change of circumstances that the original judgment and the punishment are different from the original judgment. In addition, considering all of the sentencing conditions of this case, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime of this case, the punishment of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

4. In conclusion, 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.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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