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(영문) 인천지방법원 2020.07.24 2020노1122
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The act of the accused who assaults the driver of a motor vehicle in operation may cause a large traffic accident, and such an offense may not be negligible;

Moreover, at the time when the Defendant made a State and social effort to prevent the spread of viruses-19 and prevent epidemics, the Defendant pretends that he is a true person of the virus, and spits the face of the police officer, which shows the attitude of spreading the virus in the manner of spiting it, is closed with the Samsan Police Station criminal and is isolated by police officers, so the degree of public duties infringed is more serious.

However, the court below found the defendant's attitude to recognize and reflect the crime of this case, and agreed with the victim of the crime of violation of the Act on Aggravated Punishment, etc. of Specific Crimes, and expressed the defendant's intent that the police officer who was obstructed by the defendant's execution of his duties would not have been punished for the violation of the Act on Aggravated Punishment, etc. of Specific Crimes, E, the defendant was not infected with cona-19 virus, and the result of the examination of such contents was within a relatively short time from the time of the crime of this part, the defendant's punishment power was 20 years prior to the date of the crime of this case, and the defendant committed each of the crimes of this case continuously during the two hours from the date of the crime of this case.

In addition, considering the Defendant’s age, character and conduct, environment, circumstances, method and result of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the defendant's appeal is reasonable, and Article 364 of the Criminal Procedure Act is reasonable.

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