The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (two years of imprisonment) is too unreasonable.

Judgment

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined the Defendant’s punishment by taking into account the following factors: (a) the Defendant’s act of assaulting a taxi driver in operation is highly likely to cause serious damage to the life, body, and property of a third party by causing a traffic accident; and (b) the Defendant is against the recognition of the instant crime; and (c) the victim’s degree of damage is not serious.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial. Since the crime of this case in 2016, no particular damage has been recovered to the victim until then, and even considering all sentencing factors indicated in the argument of this case, including the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing is too excessive and it does not seem to have exceeded the reasonable scope of discretion.

The defendant's assertion of unfair sentencing is without merit.

The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it has no reason to appeal.