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(영문) 의정부지방법원 2019.04.26 2019노574

상습폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The 6-month imprisonment sentenced by the court below is too unreasonable.

2. The judgment of the court below is recognized that all of the charges of this case are recognized, that the degree of assault of this case is not relatively excessive, and that the defendant has agreed with the victim (Evidence No. 193, 312 pages of the evidence record). Meanwhile, the crime of this case is committed in such a way that the defendant found two times the main points operated by the victim and distributed the victim or pushed the victim with the part of the defendant, and the nature of the crime is not good in light of the circumstances and contents of the crime. The defendant was at the trial, "the victim was hidden after the police officer's later, and this case occurred." "The victim who was not good to give appraisal of the same age group", "the victim was made a fluort with the defendant," and "the victim was found to have committed a repeated crime beyond his/her control," and there is no reason to believe that it is against his/her responsibility for the victim's family relation, and there is no reasonable ground to believe that it is against the defendant's wrong punishment due to changes in circumstances that it does not have been sentenced to criminal punishment for the same kind of crime.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.