(영문) 서울서부지방법원 2020.12.07 2020노860

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(영문) 서울서부지방법원 2020.12.07 2020노860

특정범죄가중처벌등에관한법률위반(운전자폭행등)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) imposed by the lower court is too uneased and unreasonable.

2. The judgment of the defendant shows his mistake and the depth of the defendant, the victim did not want the punishment of the defendant by agreement with the victim, the degree of violence was not severe, and the risk was not high due to the crime under the temporary stop of the taxi. After the crime of this case, the defendant appears to have been receiving the treatment of alcohol addiction, the defendant has faithfully paid the child support to the divorced pre-spouse, and the defendant's front wife and the person wanting to have the child support against the defendant.

However, the crime of this case was committed by the defendant while under the influence of alcohol at around 10:0 o'clock, and the defendant took a bath to the victim who requested the wearing of a safety bell while under the influence of alcohol at least 10:0 o'clock, faces two times, threatens the driver as they are being in drinking, or threatened with snow as they are, and the crime is not good in light of the form of the act or the circumstances leading up to the crime. The defendant is not responsible; the defendant interferes with the main business under the influence of alcohol; the defendant interfered with the business under the influence of alcohol; the defendant committed the crime of this case under the influence of drinking; the defendant committed the crime of this case under the influence of drinking; the defendant was punished by imprisonment or a fine for the crime of obstruction of performance of official duties, obstruction of duties, injury, violence, etc.; and all of the conditions in the sentencing of this case, such as the defendant's age, character and conduct, circumstances after the crime, etc., it is deemed unfair to acknowledge the sentence of this case.

The prosecutor's argument is with merit.

3. If so, the prosecutor's appeal is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.

참조조문

-형사소송법 제364조 제6항

유사 판례

-인천지방법원 2013.09.04 2013고단3602

-광주지방법원 2018.06.26 2017노4035

-서울북부지방법원 2014.03.13 2013노1548

-광주지방법원 2015.04.30 2014노1765

-의정부지방법원 2015.06.19 2015고단424