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(영문) 대구지방법원 2016.12.08 2016노1120
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unreasonable.

2. The judgment of the Defendant recognized the instant crime and reflects his mistake, and the Defendant is the primary offender who has no record of criminal punishment, etc. favorable to the Defendant.

On the other hand, the fact that the defendant did not reach an agreement with the victim, and that there is no clear circumstance in which the defendant makes efforts to recover damage, etc. are disadvantageous to the defendant.

Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case and the conditions for sentencing as shown in the records and arguments, the sentence of the court below is deemed appropriate as a sentence within the scope of the discretion of sentencing.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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