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(영문) 광주지방법원 2017.03.28 2016노5180
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant's punishment against the court below is too unreasonable, while the prosecutor asserts that the defendant is too uneasible and unfair.

2. The judgment of the defendant is not good for committing the crime of this case again, even if he was under the suspension of execution due to the same crime, and in particular, the defendant's assaulting the victim while driving the bus is highly dangerous.

In addition, the defendant did not recover from the victims.

On the other hand, all of the crimes of this case are recognized by the defendant, one of the victims does not want the punishment of the defendant, and there is no yet a sentence sentenced for the same kind of crime.

In full view of all the circumstances, such as the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment in the instant case where there is no change in circumstances regarding sentencing conditions in the trial compared to the lower court’s judgment, is only within the scope of reasonable discretion and is too heavy or unbrupted and unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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