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(영문) 의정부지방법원 2018.11.27 2018노2409

특수폭행등

Text

The judgment below

Part 1 and 6 through 10 of the judgment shall be reversed.

No. 1, and No. 6, of the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (for the crimes of Nos. 2 through 5 in its holding: imprisonment for 4 months, for the crimes of No. 1 in its holding, and for the crimes of Nos. 6 through 10 in its holding: imprisonment for one year) is too unhued and unreasonable;

B. The lower court’s punishment is too unreasonable.

2. We examine both the judgment prosecutor and the defendant's respective arguments on sentencing.

A. The Defendant recognized the instant crime and agreed with the victims on the part of the crime Nos. 2 through 5 in its holding.

The equity between the case and the case where each of the crimes of this case and the crime of interference with duties decided simultaneously shall be taken into consideration.

This is the circumstances favorable to the defendant.

However, the defendant has several criminal records of fraud and attack.

Nevertheless, the Defendant committed each of the instant crimes again, but the nature of such crimes is not good.

This is disadvantageous to the defendant.

In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence imposed by the lower court is appropriate and has exceeded the reasonable bounds of discretion, and the lower court’s judgment on sentencing exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.

B. The Defendant recognized the instant crime, and agreed with the victim Y and the Defendant on the part of the crime No. 1 and No. 6 or 10 in the judgment.

This is the circumstances favorable to the defendant.

However, the defendant committed each of the crimes of this case during the period of suspension of execution due to the same crime, but the nature of the crime is not good.

The defendant has already been.