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(영문) 서울중앙지방법원 2014.11.27 2014노3166
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentencing of the lower court (two million won of fine) is too unreasonable.

2. As to the grounds for appeal, the Defendant made a confession of the instant crime, and tried to repent in depth the mistake and not repeat the crime in the future.

The defendant is the first-class visually disabled and economically difficult position.

However, even though the Defendant had been punished several times for the same crime, the Defendant committed the crime of this case, and did not take any measures to recover the damage of the victim until the Defendant was sentenced to a fine for the same crime.

In full view of other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., as seen in the instant pleadings and records, it is not recognized that the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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