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(영문) 춘천지방법원 강릉지원 2014.09.02 2014노308
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than four months, probation, and community service order of not less than 80 hours) of the lower court is too unreasonable.

2. The circumstances favorable to the defendant are also favorable to the defendant, such as the fact that the defendant made a confession of the crime and reflects on the fact, that the defendant agreed with the victim, and that the defendant committed contingently under influence

However, in full view of various sentencing conditions indicated in the instant case, including the Defendant’s age, occupation, motive, means and consequence of the crime, etc., including the Defendant’s act of assaulting a driver without any particular reason, and the Defendant has a history of being punished several times as an act of violence, etc., it cannot be said that the lower court’s punishment is too unreasonable.

3. In conclusion, 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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