beta
Escopics
Defendant
Appellant. An appellant
Defendant
Prosecutor
Park Jae-young (prosecution) and cryp (public trial)
Defense Counsel
Attorney Kim private-young
Judgment of the lower court
Busan District Court Decision 2014Da3162, 6379 (Consolidated) Decided January 28, 2015
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
The sentence of one-year imprisonment sentenced by the court below against the defendant is too unreasonable.
2. Determination
It is recognized that the defendant recognized each of the crimes in this case and reflected his mistake, and that the defendant worked in △△△△△△ Office of ○○-gu as a self-support worker before being detained.
However, the crime of this case was committed on January 4, 2013 when the defendant was sentenced to 10 months prior to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. on the Aggravated Punishment, etc. of Specific Crimes) and was sentenced to 10 months prior to the enforcement of the sentence, and was committed on two occasions during the repeated period where 6 months have not passed since the enforcement of the sentence was terminated, and the crime was committed without a license or drinking driving, and the victim who is a security officer of the hospital without any reason, and the nature of the crime is not weak. In particular, the defendant repeated the crime of the same kind of crime even though there were many records of punishment prior to the drunk driving (in particular, even though the crime was committed as a drunk driving, the crime of drinking driving was committed without being able to cause harm to the life and body of others, and the amended Road Traffic Act strengthens the punishment of the victim and the victim related to the crime of injury, the defendant's age agreed with the victim, the circumstances and circumstances leading to the crime of this case, etc.
3. Conclusion
Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges Kim Jong-hee (Presiding Judge)