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(영문) 부산지방법원 2018.04.26 2018노496
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The Defendant recognized each of the instant crimes and seems to have committed contingent crimes under the influence of alcohol.

However, the defendant can have been punished for violent crimes, and on June 9, 2016, the defendant was sentenced to eight months of imprisonment for the obstruction of the performance of official duties on the part of the defendant, and the execution of the sentence was completed on February 4, 2017, and assaulted a taxi engineer for about four months only after he/she was sentenced to imprisonment, and on February 4, 2017, he/she also constitutes a repeated crime after he/she committed the instant bodily injury only for two months, and there was no agreement with the victims.

There is no new change in circumstances that could change the original court's punishment in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, circumstances of the crime, degree of violence, circumstances after the crime, etc. as shown in the deliberation of the court below and the party, and the scope of the recommended punishment according to the sentencing guidelines (from April to February, 2), the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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