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대전지방법원 2015.10.07 2014노3531
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, three years of suspended execution, and 120 hours of community service order) imposed by the court below is too heavy or unreasonable.

2. The circumstances favorable to the defendant include the following: (a) the defendant recognized his mistake and against himself; (b) the degree of violence against the victims appears to be minor; and (c) C does not want to punish the defendant; and (d) the victim C does not want to punish the defendant.

On the other hand, the Defendant committed an act of assaulting the victim C, who is an acting driver, without any particular reason, and committed an act of assaulting the police officer called out after receiving a report, etc., and the Defendant committed each of the crimes of this case without being aware of the fact that the Defendant had been under suspension of execution due to violent crimes.

In full view of the above circumstances and other circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc. and the conditions of sentencing as shown in the pleadings, it is difficult to deem that the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s allegation in this part is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is

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