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(영문) 울산지방법원 2016.10.21 2016노1114
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of fine) is too large.

2. The judgment of the court below is favorable to the defendant, such as the fact that the defendant recognized the crime of this case and is against the defendant, that the victim does not want the punishment of the defendant, that the taxi stops while the defendant stops, and that the safety of vehicle operation is not significantly threatened due to the violence of the defendant.

However, the crime of this case is not suitable for the crime to be committed in the case of assaulting a driver in the taxi, there is a record of criminal punishment in the past 19 times (including a real-type one), among which the crime of this case was committed 11 times in the past, and there is no circumstances or change of circumstances that may be newly considered in sentencing after the decision of the court below was rendered, and other various sentencing factors in the course of the trial including the defendant's age, character and behavior, family environment, motive and background of the crime, means and consequence of the crime, etc., and the circumstances after the crime was committed, and thus, it cannot be deemed unfair for the court below to have imposed the defendant's excessive punishment. Thus, the defendant's assertion of unfair sentencing is not accepted.

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

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