logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.09.13 2017노1578
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Costs of lawsuit added in the trial of the party shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that convicted the defendant, although the defendant did not assault the victim as stated in the facts charged of this case, is erroneous in the misapprehension of facts.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mistake of facts, the defendant's assertion of mistake of facts is not accepted, since the court below can sufficiently recognize the facts charged in this case.

B. The crime of this case that is unfair in sentencing was committed by the Defendant by assaulting a bus engineer who is driving, and the nature of the crime is very poor and very dangerous, and the Defendant still denies the crime of this case and does not make any effort to recover damage, and in full view of various sentencing conditions in this case, including the Defendant’s age, sexual behavior, environment, and circumstances after the crime, etc., the sentencing of the lower court does not seem to be significant.

3. In conclusion, 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 by the court below on the burden of litigation costs added in the trial in addition to the litigation costs ordered by the court below to be borne by the defendant.

arrow