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(영문) 청주지방법원 2015.04.17 2014노1214

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment for a term of August suspension, two years of probation, and one hundred and sixty hours of social service) declared by the court below is too unreasonable.

2. The Defendant seems to have recognized the instant crime and divided his mistake.

In addition, the defendant agreed with the victim, and accordingly the victim does not want the punishment of the defendant.

In addition, the fact that the defendant has no criminal record exceeding the fine so far is considered favorable to the defendant.

However, the crime of this case was committed for a long time against the victim's will to discontinue improper relations with the defendant, and the crime of this case was committed repeatedly against the victim's will and has a high level of punishment for the unlawful act.

In addition, the victim attempted suicide due to stress, etc. caused by the defendant's act.

The above favorable circumstances have already been reflected in the judgment of the court below on the sentencing, taking into account the following circumstances: Defendant’s age, character and conduct, intelligence and environment, motive for committing a crime, relationship to victims, means and consequence, etc., even if probation and community service for 160 hours is considerably limited to Defendant’s work life, the sentence of the court below is not deemed unreasonable, considering that the two-year period of probation and community service for 160 hours after committing a crime are too limited.

The defendant's ground of appeal cannot be accepted.

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