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(영문) 대전지방법원 2018.06.21 2018노113

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Of the instant facts charged, the lower court rendered a judgment dismissing the prosecution against the victim F, and rendered a judgment of conviction against the Defendant as to the charge of assaulting the victim F (2017 order 2626) (hereinafter referred to as “victim F”), and as to the charge of assaulting the victim C (2017 order 2986).

Since only the defendant appealed against the conviction of the judgment of the court below, the scope of the judgment of this court shall be limited to the conviction.

2. Summary of the grounds for appeal: The punishment that the court below rendered unfair sentencing (for 4 months of imprisonment, 1 year of suspended sentence, 40 hours of violent therapy) is too unreasonable.

3. The fact that the Defendant recognized the instant crime and appears to have committed the instant crime, and the fact that the damage caused by the instant crime is relatively minor, etc. are favorable to the Defendant.

However, the Defendant had the record of being punished ten times due to a violation of the Punishment of Violences, etc. like the instant crime, assault, bodily injury, and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (and a driver’s assault) (i.e., criminal records). When combined with the records of being punished for other crimes, 13 times criminal records are deemed to have been committed, and the Defendant is deemed to have violent inclinations, and there is also high risk of recidivism as a person with very weak awareness of compliance.

In light of the circumstances that are disadvantageous to the Defendant, such as the fact that there are many other circumstances unfavorable to the Defendant, and comprehensively taking into account the Defendant’s age, sex, environment, motive and means of crime, and consequences, the circumstances before and after the crime, etc., the sentence imposed by the lower court is too heavy.

shall not be deemed to exist.

4. 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.