logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.04.28 2016노1050
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the misapprehension of the legal principle, the Defendant merely driven the road on which the victim returned, and did not have any circumstance when the victim resisted.

B. The sentence sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. In light of the records, a thorough examination of the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts or misapprehension of legal principles, the court below's determination of guilty of this part of the facts charged is justified, and the judgment of the court below is not erroneous in the misunderstanding of facts or misunderstanding of legal principles as

Therefore, this part of the defendant's argument is without merit.

B. In full view of the records of this case and all of the sentencing conditions shown in the pleadings, including the fact that the crime of this case was committed by assaulting a victim on driving, which is highly likely to commit the crime, and the defendant did not recover from damage, the court below's sentence sentenced by the court below is judged appropriate, and it does not seem unfair because it is too unreasonable, so there is no reason for the defendant's wrongful assertion of sentencing.

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

arrow