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(영문) 인천지방법원 2017.12.22 2017노3387

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. The Defendant recognized the instant crime in the course of the first instance trial, thereby going against his mistake, and does not seem to have relatively serious damage to the victim.

During the period of hospital treatment and rehabilitation treatment for the victimized person, the Defendant was sick with her husbands, so far as they were living alone with the victimized person.

Until now before the instant case, it seems that the relationship with the victim has been maintained.

The defendant has no particular criminal record except for the defendant who has been sentenced to a fine twice through a different type of crime, and since the defendant and the victim are in a divorce lawsuit, there was no possibility that additional damage may occur to the victim.

However, the instant crime was committed repeatedly during the course of the Defendant’s nursing a victim, who is a wife of cerebrovascular, and such crime was committed in light of the details and details of the crime, means and methods thereof, the relationship between the Defendant and the victim, etc.

The Defendant committed the instant crime against the victim several times, and the victim took considerable attention to the existence of such Defendant, and brought a divorce lawsuit. The victim, as well as the victim, was suffering from considerable mental shock and suffering by the members of the family of the victim.

Even though the defendant does not respond to the request for divorce by the victim until the trial is held, there is no smooth agreement with the victim.

In full view of such various circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and various sentencing conditions as shown in the instant records and arguments, the lower court’s decision to postpone the execution of punishment and to add the community service order is too difficult.