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(영문) 서울북부지방법원 2020.04.28 2019노2045
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s penalty of KRW 300,00 against the Defendant (a fine of KRW 300,00) on the gist of the grounds of appeal is too unreasonable.

2. According to the evidence duly adopted and examined by the court below, the sentencing of the court below is too heavy in full view of the factors in the sentencing process of the instant case including the Defendant’s age, character and character, environment, motive for the crime, circumstances after the crime, etc., as well as the factors in the sentencing process of the instant case, such as the following: (a) the Defendant and the cab driver were able to take a bath and bring about the instant case at the end of the dispute; (b) the victim’s damage was not significant; (c) the Defendant was recognized as a substitute for his mistake; (d) the Defendant was committed immediately before the completion of the vehicle operation; and (e) the Defendant had no other power after being sentenced to a fine in around 2011.

Therefore, the defendant's assertion is without merit.

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

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