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(영문) 광주지방법원 2016.07.21 2016노1253

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of six months and the fine of six thousand won) is too unreasonable.

2. That the judgment defendant would not repeat the crime

The fact that the victims do not want the punishment of the defendant is favorable to the defendant by mutual agreement with the victim G, K, and K.

On the other hand, the following is disadvantageous.

The criminal record of violence, obstruction of business, etc. has been committed against the accused more than 37 times including the punishment, and the crime of assault has been committed for about 7 months from the completion of the execution of imprisonment due to the same force.

In addition, after being prosecuted as a crime of assault, the Defendant committed another crime of interference with business and tried to see the legal order by committing another crime of interference with business after being prosecuted as a crime of assault.

In the case of assault during the crime of this case, the defendant, who is a bus driver, committed assault against the driver of another vehicle on the Han-do side on the road, is very bad, and did not receive a letter from the victims.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the records and arguments, even if considering the circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.