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(영문) 서울서부지방법원 2018.05.31 2018노296
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment of Defendant 2 (7 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In determining the punishment against the Defendant, the lower court: (a) took into account the following circumstances: (b) the Defendant’s use of force without justifiable grounds against the taxi engineer in operation is highly dangerous; (c) even when the police officer was called out, the Defendant is mainly responsible for the Defendant; (d) the Defendant’s use of force to the pertinent police officer for a considerable period of time and obstructing the performance of his/her duties by exercising legitimate force for a considerable amount of time is not less complicated in light of the background of the crime or the form of the act; and (e) certain questions as to whether the Defendant’s use of force to the pertinent police officer was against the serious mistake; (b) taking into account the circumstances favorable to the victim C and the relevant police officer’s efforts to recover damage, such as finding the Defendant’s error and compensating the victim C and the relevant police officer for damage; and (c) taking into account the degree of specific type of force of the Defendant’s use in each of the crimes in this case, circumstances after the crime, the Defendant’s past history, age, sex, environment, etc.

Examining the above sentencing of the lower court in light of the record, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion.

There is no change in circumstances that can be seen as being unfair to maintain the sentencing of the court below as it is in the first instance court. Thus, the court below's punishment is too heavy or unreasonable because it is too heavy.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor cannot be accepted.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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