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(영문) 서울고등법원 2016.02.17 2016노40
일반교통방해치상등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The defendant seems to have committed a crime in this court when he committed a crime and committed a mistake. In the case of a special assault, he appears to have committed an accident by drinking alcohol, and the degree of assault is very heavy.

There are circumstances that can be considered in light of the circumstances of the defendant, such as the fact that the defendant does not have to face the victim at the time, that the defendant has to face the victim, and that there is no criminal record.

However, due to the crime of violation of the Road Traffic Act, the victim of the special assault in this case complained of the damage that is uneasy and difficult to operate a steel store in a normal condition due to the defendant's excessive speech at the time of the case, as well as at the time of the agreement after the agreement, etc., and the defendant has not been recovered from any damage up to now. The defendant was found guilty on several occasions due to violent inclinations such as assault, damage of property, business obstruction, etc. for the last ten years, and most recently committed crimes are about the residents living in the vicinity of the defendant's residence, and the defendant's age, sex, behavior, environment, motive, motive, method and method of the crime, etc. are similar to that of the defendant's residence. In full view of the various circumstances after the crime in this case, it cannot be deemed that the court below's punishment is too unfair within the scope of sentencing guidelines of the court below.

3. 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 groundless.

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