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(영문) 서울북부지방법원 2018.05.10 2017노2292
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one million won in penalty) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Although there are no circumstances that may be considered in light of the circumstances, such as where the Defendant recognized all of the instant crimes, the lower court considered the grounds for appeal. However, considering such circumstances, the lower court appears to have rendered a sentence that has been reduced above the summary order (1.5 million won), there is no change in circumstances that may be newly considered in the trial, and there is no other change in circumstances that may be newly considered in the trial, and considering all the sentencing conditions in the pleadings of the instant case, such as the character and conduct of the Defendant, and the circumstances before and after the instant crime (the Defendant committed an additional assault against the victim who stated in the police as to the act of assault against the driver). In so doing, the lower court’s sentence is too too unreasonable,

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

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