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(영문) 창원지방법원 2018.01.25 2017노1888

특수폭행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Defendant, on the ground of the crime of assault, etc., was punished twice by a fine, obstructing the performance of official duties, etc., was sentenced to a fine once due to the obstruction of duties, and the Defendant, on the ground that the Defendant was slick at a drinking house, left the victim D who was seated on another table and was refused to do so on the ground that he was slick at the drinking house, obstructed the business of the Defendant, such as taking the face of the victim F who was the host, and taking a bath for him on the ground that he was not during business hours. Upon receiving a report, the Defendant committed the offense, such as insulting the victim I, the police officer called the said telecom, and insulting the victim I, who was the police officer called the said telecom, and did not reach an agreement with the victims, etc., was disadvantageous to the Defendant.

However, in light of the fact that the defendant acknowledges and reflects all the crime, that the victim D wanted the defendant's wife on the ship, that the victim D was detained for two months, that the defendant was under detention, that there was no record of criminal punishment heavier than that of the same crime, that the defendant had no record of criminal punishment for the same crime, that the defendant has suspended execution rather than that of the defendant's previous conviction and the contents of the crime of this case, and that giving the defendant the last opportunity by ordering the defendant to attend community service and violent treatment lectures, and that it is an effective measure that can achieve the prevention of recidivism. In full view of all the various circumstances, the court below's punishment is too unfair because it is too unreasonable, considering the defendant's age, environment, sexual behavior, circumstances of the crime, and the conditions of punishment as shown in the records and arguments of this case, including the circumstances before and after the crime.

3. Conclusion