(영문) 대구지방법원 2015.08.27 2015노2625 | 리걸엔진

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줄 간격

자간(%)

(영문) 대구지방법원 2015.08.27 2015노2625

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. The instant crime is heavy in view of the fact that the Defendant assaulted the victim, who is the driver of a vehicle in operation, and could cause a major accident.

Although the defendant had been punished several times for the same violent crime, he again committed the crime of this case.

Before the trial, there is no agreement with the victim, so it is necessary to punish the defendant strictly.

However, the defendant's attempt to commit a crime and commits a misunderstanding, and has not committed a second offense.

Before committing the instant crime, there is no record that the Defendant was punished by a suspended sentence or heavier.

The degree of assault in this case is relatively more severe, and the defendant seems to have an opportunity to sufficiently reflect the case through a prison life for about two months.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, background of the crime, means and method of the crime, circumstances after the crime, etc., and all of the sentencing conditions shown in the records and arguments, the sentence of the lower court is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is as shown in each corresponding column of the judgment of the court in addition to adding "a statement made by the defendant in the trial court" to the summary of the evidence. Therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-10 (1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13351, Jun. 22, 2015) concerning the crime

1. Article 62 of the Criminal Act:

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의10 제1항

-형법 제62조

-형사소송법 제364조 제6항

-형사소송법 제369조

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