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(영문) 서울동부지방법원 2020.06.18 2019노1793
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court against the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The crime of assaulting a driver of a motor vehicle in operation is not merely an illegal infringement against the driver’s life and body, but also may cause large-scale harm to human lives by threatening the safety of other drivers, pedestrians, etc... Therefore, even if the materials submitted at the trial were to be considered, there is no significant change in the sentencing conditions compared to the original judgment, and there is no other change in the sentencing conditions compared to the original judgment. In full view of all other circumstances, the lower court’s sentencing is too excessive, and thus, it cannot be deemed that the lower court exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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