폭행등
The defendant's appeal is dismissed.
1. Of the facts charged in the instant case, the lower court dismissed the public prosecution on the ground that the victim expressed his/her intent not to have the Defendant punished, and sentenced him/her to the remainder of the facts charged. Since the dismissal part of the public prosecution for which the prosecutor did not appeal as to the guilty part is separate and confirmed depending on the expiration of the appeal period, the lower court should have determined that the judgment of the lower court is limited to the guilty part among the charges in the instant case.
2. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
3. The judgment of the Defendant recognized all of the facts charged in the instant case and reflected, and the Defendant agreed smoothly with the victim of the instant crime No. 440 of the 2017 High Order 2017 High Order 200, which led to the first instance judgment, and further agreed with the victims of the instant crime No. 440 of the High Order 2017 High Order 440, and the Defendant’s health is somewhat inappropriate.
However, on October 31, 201, the Defendant was sentenced to imprisonment with prison labor for two years at the Incheon District Court on December 17, 201, with the crime of fraud, insult, interference with business affairs, obstruction of business affairs, etc. on December 17, 2014, which was committed by the Seoul East District Court on July 18, 201, with one year imprisonment with prison labor for each of the crimes of this case, including the crime of assault, assault, fraud, obstruction of business affairs, obstruction of property damage, and insult, etc., which had been punished several times for the same crimes as the crimes of this case. After the completion of the execution of the sentence sentenced on July 18, 201, the Defendant committed repeatedly each of the crimes of this case, which were the same crimes for a period not exceeding five days from the date of release, shall be considered to be disadvantageous to the Defendant.
In addition to the above circumstances, the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, and circumstances after the commission of the crime.