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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2013.11.08 2013노1592
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the appeal is that the penalty (1.5 million won of a fine) declared by the court below is too unreasonable.

2. The sentencing materials that are favorable to the Defendant are the fact that the Defendant has no criminal record of the same kind exceeding the fine, and the extent of the assault is relatively minor.

However, in light of the following circumstances: (a) this case’s act of assaulting a driver in a bus under the influence of alcohol by the Defendant; (b) there is a need to strictly punish such act as not only the driver, but also the act that may cause harm to the lives and bodies of many passengers; (c) the Defendant and the victim did not reach an agreement; and (d) the Defendant’s age, character, conduct, family relation, environment, occupation, circumstance and details leading to the instant crime; and (e) the circumstances leading up to the sentencing conditions indicated in the record, such as the circumstances after the commission of the crime, etc.,

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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