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(영문) 광주지방법원 2016.01.28 2015노3501
폭행등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (four months of imprisonment) of the lower court is too unreasonable.

Judgment

The fact that the defendant repents and reflects his mistake, that the defendant is seen to have committed the crime in a state of mental and physical weakness caused by mental division, and that the victim E and the party in the original trial do not want the punishment of the defendant in consultation with the victim D in the victim E and the party trial.

However, each of the crimes of this case is that the defendant assaultsd the victim D without any reason, and inflicted bodily injury upon the victim E, and it is not good in light of the method of crime and degree of damage. The defendant repeated each of the crimes of this case even though he was sentenced to a suspended sentence of imprisonment for the same kind of crime, and the circumstances that have already been favorable to the defendant appears to have been considered at the court below, and it is difficult to view that the defendant agreed with the victim D was changed to the extent of mitigation of the sentence of the court below. In addition, the defendant's age, sex, environment, circumstances and result of the crime of this case, etc., all of the sentencing conditions of the case, such as the defendant's age, sexual behavior, environment, circumstance after the crime, etc., and sentencing guidelines established by the Supreme Court / [the scope of punishment / [the scope of punishment 1 month or one year or more from one year or more from one month to four months from one year from one] general category of bodily and physical injury [the scope of punishment of the court below's final punishment [the scope of punishment 1 year or more].

3. 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.

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