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(영문) 대구지방법원 2015.02.13 2014노4893
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became 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 (six months of imprisonment) is too unreasonable.

2. The instant crime was committed under the unfavorable circumstances, such as the Defendant’s failure to drive the victim at one time on the ground that the head part of the victim was not good, and the Defendant again committed the instant crime despite having been punished several times due to violent crimes. However, the Defendant committed the instant crime in spite of the fact that he/she had committed the instant crime in spite of the fact that he/she had been punished several times. However, in the meantime, the lower court’s punishment is unreasonable, taking full account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, etc., that the Defendant committed the instant crime during the period of his/her confession and was detained, and that the victim did not want the punishment of the Defendant by agreement with the victim.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are identical to the facts charged and the summary of the evidence, except when changing “the defendant’s partial statement” in the summary of the evidence to “the defendant’s trial statement at the trial” as stated in the corresponding column of the judgment of the court below. As such, all of them are cited in accordance with Article 369

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

1. Article 62 (1) of the Criminal Act (Consideration of the favorable circumstances in the preceding);

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