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(영문) 부산고등법원 (창원) 2020.04.29 2019노351

폭행등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. As to the summary of the grounds for appeal (a two years and six months of imprisonment) by the court below, the defendant asserts that the prosecutor is too unfasible and unfair.

2. Each of the crimes of this case is an unfavorable circumstance to the defendant, in light of each of the crimes of this case, each of the crimes of this case committed four times on the ground that the defendant does not hear the statement of the defendant, and the defendant does harm once on the ground that the defendant refused sexual intercourse with the defendant, and the victim does not flee, and furthermore, the victim does not have any effort to recover damage, and further distributes the photograph of the victim's family members, etc., and the victim's head of the Tong and credit card, etc. are destroyed and damaged well by the victim's personal belongings, and threaten the excessive amount of retaliation for the purpose of retaliation, and the circumstances, contents, results, etc. of each of the crimes of this case, and the victim seems to have suffered serious mental and physical damage. Nevertheless, the defendant did not make any effort to recover damage up to now and did not receive any boom from the victim.

On the other hand, the fact that the defendant has become a party in the trial and the part of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) which was denied by the court below was divided, and that the degree of each assault and injury is not much serious, etc. are favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct and environment, the motive and background leading to each of the instant crimes, the means and methods of committing the instant crimes, the conditions of all the sentencing shown in the pleadings of the instant case, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee (one year or more), etc., the sentence imposed by the lower court against the Defendant is appropriate, and it is not determined that it is too heavy or unreasonable.

Therefore, the defendant and the prosecutor.