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(영문) 춘천지방법원 강릉지원 2014.06.10 2014노125
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence of the lower court (the fine of 3.5 million won) is too unhued and unreasonable.

B. The lower court’s sentence is too unreasonable.

2. The instant crime committed by the Defendant was committed by assaulting a victim who was in the taxi operation, and is disadvantageous to the Defendant, such as that the Defendant’s liability for the crime is not less weak and did not agree with the victim, considering the details, method, risk, etc. of the crime.

However, in full view of the following circumstances: (a) the Defendant reflects the crime; (b) appears to have committed the instant crime under the influence of alcohol; (c) it is difficult for a general recipient to form an economy and have a health condition that is not good; and (d) the Defendant’s age, character and conduct, motive, means, and consequence, etc.; and (b) it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition

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