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(영문) 서울북부지방법원 2018.08.24 2018노977
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. The crime of this case is likely to be committed by assaulting the victim's snow by drinking for the reason that the victim, who is a taxi engineer, who was in operation of the defendant, immediately returned to the destination.

The Defendant committed the instant crime by assaulting the victim in operation, even though he/she had been sentenced twice a fine and twice a suspended sentence due to the violation of the Punishment of Violences, etc. Act, and committed the instant crime, and did not pay the victim properly.

Even when considering the circumstances favorable to the defendant such as the above circumstances and the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime of this case when considering the circumstances revealed in the arguments of this case, such as the fact that the defendant was recognized as committing the crime of this case when the defendant was in the first instance, the defendant's assault is not severe, and the victim was not in the position of the victim, and the fact that the crime of this case was committed while the victim's taxi stops, it cannot be said that the sentence imposed by the court below is too unreasonable.

3. The Defendant’s appeal is without merit and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That the Defendant’s appeal is dismissed pursuant to Article 25(1) of the Rules on Criminal Procedure, which adds “Article 5-10” following the “Article 5-10” of the sentence No. 9 of the lower judgment, and is ex officio correction pursuant to Article 25(1) of the Rules on Criminal Procedure

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