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(영문) 서울고등법원 2013.09.27 2013노2329
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is very poor in the nature of the crime of this case, which is a case where the defendant inflicts injury on the taxi engineer who drives through snow in the night and caused the accident to be issued even after the accident. The victim, who is a victim, much more age than the defendant, requests the defendant to refrain from speaking in the taxi, and the defendant's use of violence against the victim is highly likely to be subject to criticism.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant recognized all mistakes when he was in the trial and reflects in depth, that the victim committed a contingent act by cutting down pet speech with female friendly group under the influence of alcohol, that the degree of the victim's injury or damage to the taxi is not much serious, that the defendant did not have any criminal record heavier than a fine, that the defendant has been living hard to conduct cleaning services for the auditorily disabled, that the defendant was exempted from military service for the purpose of maintaining his livelihood, that the victim does not want punishment against the defendant by mutual consent with the victim and the majority of the defendants, and that many of the defendants want to take the preference against the defendant.

In addition, various conditions of sentencing, such as the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., the sentencing criteria of the Sentencing Committee and the sentencing criteria of the Sentencing Committee for the crime of violence (the sentencing criteria of the Supreme Court) [special sentencing] of the driver's bodily injury (the sentencing criteria of the Sentencing Committee) [the sentencing criteria of the Sentencing Committee and the criteria for suspension of execution: Insignificant injury and punishment [the general person] mitigation factors: serious reflect [the scope of recommendation] mitigation area, 10 months to 2 years [the period of suspension of execution], and pride and pride.

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