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(영문) 수원지방법원 2015.04.01 2014노7847

폭력행위등처벌에관한법률위반(상습상해)

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. It is reasonable to consider the fact that the Defendant confessions all of the instant crimes and reflects them.

However, while the crime of this case was committed at a drinking house when the defendant was asked to take a serious bath, the crime of this case was committed against the victim, who is another customer, who was in compliance with such request, and caused injury to the victim by the victim, and the crime of this case was not committed by the victim, and the defendant did not take any measures to recover from damage, and the defendant had been punished several times as the same crime in the past, and the defendant committed the crime of this case during the period of repeated crime after being released from prison despite his past record of serving a sentence, and the crime of this case falls under Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, which is the crime of this case, and the minimum amount of punishment to be mitigated after being sentenced to imprisonment for a limited term of not less than three years, was set at the court below for a limited term of not less than one year and six months, and the defendant's assertion that the defendant's punishment of this case is reasonable.

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.