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(영문) 대구지방법원 2015.09.10 2014노4474

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for not less than eight months, two years of suspended execution, and 120 hours of community service) of the lower court against the Defendant is too unreasonable;

2. The judgment of the defendant was made in the trial, and all of the crimes of this case are recognized and is against the mistake, and the defendant suffered a lot of conflict with the victim and his/her mother in the course of raising the victim who is his/her father's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son, and

On the other hand, the defendant used violence against the victim, who is a shelshel's shelshes, under his/her protection and supervision, on about eight occasions in a year and six months, as well as that he/she used a telephone conversation with his/her mother to hear the victim's sound while making a telephone conversation with his/her child, and the crime's nature is bad, and the victim's minor physical and mental pain seems to have undergone serious physical and mental pain is disadvantageous to the defendant.

In addition, the age, character and conduct, the environment, the circumstances and results of each of the crimes in this case, etc., all of the sentencing conditions in this case and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.

1. Standards for types of punishment and of punishment;

(a) Aggravating element of assault (a) Category 1 (Special Violence) (Aggravated Punishment): Victims who are vulnerable to the commission of a crime (arguing range of punishment): 4 months to 1 year; and

(b) Aggravating element of violence [decision of type] such as violence crime of category 1 (general violence): Aggravating element: A victim who is vulnerable to such crime (aggravating range of recommending punishment] aggravated area: 4 months to 1 year of imprisonment;

(c) Aggravating factors of assault (decision of type) and assault (general assault). Aggravating factors: A victim who is vulnerable to the commission of a crime (recommended) is subject to aggravated punishment: April.