(영문) 서울중앙지방법원 2016.04.28 2015노4654

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(영문) 서울중앙지방법원 2016.04.28 2015노4654

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and sentencing) ① The Defendant was going to and returned from a taxi driving by the victim at the south of the Southern Terminal located in Seocho-gu Seoul Metropolitan Government on May 3, 2015, at the close point of May 3, 2015, and the victim was asked to promptly drive the taxi. However, the victim did not comply with the request, and the Defendant requested the victim to set up a police station. The victim left the front of the Supreme Prosecutors’ Office before the Supreme Prosecutors’ Office, and did not open a taxi after stopping in front of the Supreme Prosecutors’ Office.

Therefore, although the defendant demanded the victim to change the taxi meter from the victim, the defendant was about to turn off the metres directly by the victim because the victim did not respond, but the victim prevented the defendant from getting off the meter, and in the process, the defendant only prevented the defendant from selling the meter, and did not assault the victim.

(2) The punishment sentenced by the original sentence (700,000 won) shall be too unreasonable.

2. Determination

A. Based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts (in particular, 5 Nos. 5 S1504 - 002716 RN video products), the fact is recognized that the Defendant, who was on board the back seat of the taxi when the Defendant and the victim left the taxi while the taxi stopped, was on approximately 15-16 o'bbbs in the direction of the back seat of the victim, while the Defendant was on board the back seat of the taxi.

The defendant's assertion of mistake is without merit.

B. In full view of the following circumstances: (a) the Defendant’s motive and motive leading up to the instant crime; (b) the form of the act; and (c) the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (b) the sentencing conditions indicated in the record, it cannot be said that the sentence imposed by the lower court is too unreasonable.

The defendant's improper assertion of sentencing also has no reason.

3. Conclusion of the defendant.

유사 판례

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