logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.08.22 2019노707
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The Defendant, while recognizing and opposing the instant crime, said Defendant would not repeat the crime again.

On the other hand, the crime of this case was committed by assaulting a victim under 75 years of age who is under the elbow and drinking, and then the victim was living out of the taxi and thereby driving away from the taxi, and there was a risk of causing more damage if the citizen who was under the el did not put the defendant, and did not stop him.

The Defendant was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties on November 28, 2017, and committed the instant crime during the period of probation after the judgment became final and conclusive on December 6, 2017, and did not receive a letter to the victim of the instant case.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, family relation, circumstances of crime, means and result of crime, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime, the lower court’s punishment is unreasonable.

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

(However, since it is clear that the 6th executive report is a clerical error in the investigation report, the ex officio correction is made pursuant to Article 25(1) of the Regulations on Criminal Procedure.

arrow