logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.10.15 2015노690
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment, one year of suspended execution, and 80 hours of community service) of the lower court shall be too minor;

2. The judgment of the Defendant’s act of assaulting and obstructing the driving of a taxi without any reason on the part of the victim of the taxi on the river north, which is a motorway, requires strict punishment in that it could cause the life and body of a third party due to a traffic accident, and subsequently, it is highly likely that the Defendant committed an injury by assaulting the victim who intends to stop and report a taxi. Nevertheless, the fact that the Defendant did not agree with the victim, and that there was a history of double punishment for a violent crime is an element for sentencing disadvantageous to the Defendant.

However, the fact that the Defendant recognized all of the crimes and reflects, and that the crime in this case is likely to lead to a contingent crime under the influence of alcohol, that the crime in this case did not lead to a subsequent traffic accident, that is not much serious damage to the victim, and that there is no penalty heavier than a fine is an element for sentencing favorable to the Defendant.

In addition, considering the overall sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family relationship, etc., the sentence of the court below cannot be deemed to be too uneasible and unreasonable.

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

arrow