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(영문) 대전지방법원 2016.01.14 2015노3309
존속상해등
Text

All appeals filed by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) by Defendant (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s (unfair sentencing) sentence of the lower court is too unfortunate and unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) there is no past history of punishment until now; and (c) the Defendant appears to have committed each of the instant crimes by contingency; and (d) the victims wished to have committed the instant crimes against him/her when they were in the trial.

However, not only the Defendant exercised violence against his parents, children, and grandparents, but also interfered with the performance of official duties by exercising violence against the police officers dispatched upon receiving a report, and the nature of the crime is not very good, in light of the nature of the harm and injury that the domestic violence may affect society as a whole, the Defendant’s responsibility is not less complicated, and there is a need to strictly punish the act of obstructing the performance of official duties in order to establish national legal order and eradicate the light of public authority. Furthermore, the Defendant committed each of the of the crimes of this case as well as the Defendant was under the action of suspending the execution of the same kind of crime, even if he was under the action of suspending the execution of official duties, and it is very high that the Defendant committed each of the crimes of this case.

In light of the victims' countermeasures, there are unfavorable circumstances, such as the fact that it is difficult to keep the defendant in advance on an unconditional basis, and other factors of sentencing, such as the defendant's age, sexual conduct, environment, motive, means and consequence after the crime, and circumstances after the crime, and crimes under Articles 1 and 2 of the recommended sentencing range according to the sentencing guidelines of the Supreme Court sentencing committee for each of the crimes of this case: violent crime group, types 1 (general injury), 1 (the victim who is not punishable, is not in existence), 3 of the special sentencing factors (the basic area), 3 of the recommended sentencing range ( April to June), 4 of the recommended sentencing range (the basic area), 3 of the recommended sentencing range (the victim who is in existence), interference with the execution of official duties, and official duties.

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