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(영문) 대전고등법원 (청주) 2015.07.23 2015노38
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The abstract of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and six months, two years of suspended execution, and two hundred hours of community service) of the lower court is too unreasonable;

In particular, the community service order portion). 2. Sales

A. The lower court: (a) took into account the circumstances favorable to the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., taking into account the following factors: (a) the instant crime committed committed by assaulting the victim on a taxi driving and causing bodily injury; (b) the damage of the victim was destroyed; (c) the victim’s wishes to be punished; (d) the victim was a contingent crime under the influence of drinking; (e) the victim’s injury was not severe; and (e) the victim deposited 70,000 won into consideration; and (e) sentenced the Defendant to a community service order for one year and six months of imprisonment; (e) the suspension of execution two years and 200 hours of imprisonment

B. In light of the record, the lower court’s sentencing, which sentenced a suspended sentence for 2 years, is not unreasonable, on the condition that the order to provide community service for 200 hours is faithfully performed, at the time of determining a sentence of one year and six months, which is the lowest sentence of the wife who has been sentenced to discretionary mitigation.

The grounds for appeal are without merit.

3. 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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