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(영문) 서울고등법원 2019.01.24 2018노2949
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The Defendant recognized all of the crimes of this case, and repented in depth.

The defendant seems to have committed a crime against a driver's injury or injury while taking advantage of the victim.

However, the assault against the driver of a motor vehicle in operation is a very dangerous criminal that may cause a traffic accident and damage to many and unspecified persons. Since the defendant suffered a vehicle injury by drinking about 10 times the head of the victim D, who was 76 years old who was driving a taxi, etc. at least 10 times, the risk and gravity of the result of the crime itself are all higher.

In addition, while arrested by the police and being investigated by the police, the public water in the police station was damaged, the police interfered with the performance of official duties by assaulting the police officer, and the escape was attempted.

The defendant has been punished for violent crimes, and each of the crimes of this case was committed during the period of repeated crimes.

The defendant was unable to receive a written answer from the victim who was injured by the driver assault.

In light of the above favorable circumstances and conditions, such as the defendant's age, character and conduct, environment, motive and means of crime, result, etc., the sentencing conditions under Article 51 of the Criminal Act, and the sentencing guidelines established by the Supreme Court Sentencing Committee, etc., the court below's punishment against the defendant cannot be deemed to be unfair because it is too unreasonable to the extent that the court below is deemed to have exceeded the reasonable scope of discretion imposed on the defendant through discretionary mitigation.

The defendant's above assertion is not accepted.

3. The defendant's appeal is without merit and thus dismissed under Article 364 (4) of the Criminal Procedure Act. However, the criminal facts stated in the judgment below ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure are [criminal records].

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