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(영문) 서울남부지방법원 2013.05.23 2013노471
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (2.5 million won of fine) imposed by the court below is too unreasonable.

Therefore, it is reasonable to take into account the following circumstances: (a) the defendant's mistake is divided, (b) the situation is very difficult to economicly as a recipient of basic living security, and (c) the health condition is not good.

On the other hand, however, the defendant has been punished several times due to violent crimes, and in particular, even though he had been sentenced to a fine of 1.5 million won by the Seoul Southern District Court on April 10, 2009 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, he committed the same kind of crime. The court below sentenced a fine of 2.5 million won which partially reduced a fine of 3 million won under the summary order, considering the circumstances favorable to the defendant, and there is no change in special circumstances or circumstances that may be considered newly after the sentence of the court below, and other various circumstances that form the conditions for the argument and sentencing of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are considered as the grounds for appeal, it is not recognized that even if considering all the circumstances alleged by the defendant as grounds for appeal, it is too unreasonable to the extent that the sentence imposed by the court

Therefore, the defendant's assertion is without merit.

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

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