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(영문) 서울고등법원 2013.07.11 2013노1683
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the circumstances, such as the confession of the Defendant to commit the instant crime, and the depth of his mistake, the primary offender who has no record of criminal punishment in Korea, and the degree of injury of the victim, are relatively excessive.

However, the crime of this case resulted in the injury of the victim by putting the steering gear of the taxi that the defendant was driven by the victim at the time when she was driven by the victim due to the problem of taxi charges, which led to the injury of the victim due to the shock. Therefore, the quality of the crime is very poor. Nevertheless, the defendant did not agree with the victim and failed to recover damage properly, and the various sentencing conditions in the arguments of this case, such as the defendant's age, character, conduct, home environment, etc., and the sentence of the court below's sentencing are different from the mitigation area (special mitigation area) of category 4 among the "Assault crime" of the sentencing guidelines according to the sentencing guidelines. Thus, the scope of the sentencing of the recommendation is inconsistent with the applicable sentencing range of imprisonment of 10 months to 2 years, or since it is inconsistent with the applicable sentencing range of the law, the scope of the modified sentencing shall be from 16 months to 2 years.

In full view of the internal points, it is not recognized that the sentence imposed by the court below is too unreasonable because it is too unreasonable.

Therefore, the defendant's argument cannot be accepted.

3. 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.

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