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(영문) 광주고등법원 (제주) 2018.11.07 2018노68

폭행등

Text

The defendant's appeal is dismissed.

Reasons

In full view of the summary of the grounds for appeal (unfair sentencing) the fact that the defendant recognized the crime and reflects it, and that the defendant was growing up in the family environment in an unstable manner, the sentence of the court below (three years of imprisonment) is too unreasonable.

Judgment

The crime of this case was committed by the defendant, who was living together with him on two occasions, and assaulted twice, and by committing harsh acts, such as taking the body of the victim by placing the victim under confinement and taking advantage of a knife and knife a part of the head of the victim's body, etc., which is a dangerous object, and the crime is very poor in light of the circumstances and contents of the crime.

The victim seems to have suffered from the shock and pain due to the Defendant’s crime of this case, but the victim did not recover from the damage.

In addition, considering all the sentencing conditions in the records and arguments of this case including the background, content, means and result of the instant crime, Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court against the Defendant cannot be deemed unfair on the ground that the sentence against the Defendant was unreasonable (the circumstances alleged by the Defendant on the grounds of appeal appear to have been already considered in the sentencing of the lower court, and the lower court did not submit new sentencing materials to the extent that the lower court’s sentence is reversed in the trial at the first instance). Accordingly, the Defendant’s appeal is without merit, and it is so decided as per Disposition by the assent of all participating Justices.