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(영문) 대구고등법원 2015.10.15 2015노295
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the court below's punishment (one year of imprisonment, one month of imprisonment, and two years of imprisonment for each of the crimes listed in the No. 2 List of Crimes No. 1, 6, 7, and 8 of the original decision and No. 3 of the decision of the court below as to each of the crimes listed in the No. 3 of the same Table of Crimes in the original decision) is too unreasonable.

Of the judgment of the court below, the defendant habitually commits a conflict against the victim C (attached No. 1 to 6 of the crime No. 1 of the original judgment), the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 3 of the original judgment), and habitual assault against the victim E of the crime committed in the judgment of the court below

B. Paragraph 2) of this Article and Section 3 of the Victim C have asserted that there was an error of misunderstanding of facts in the point of interference with the business of the victim (Article 2 of the crime in the original judgment, No. 12 of the crime No. 2 of the crime in the judgment of the court), but all of the allegations of misunderstanding of facts were withdrawn on the second and third court date.

2. The Defendant: (a) took part in the drinking house, restaurant, convenience store, etc. in Daegu-gu Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu-dong-dong-dong-gu-gu-dong-dong-dong-dong-gu-gu-dong-gu-gu-dong-gu-dong-gu-dong-gu-dong-dong-gu-gu-dong-gu-gu-dong-gu-gu-dong-gu-dong-gu-gu-dong-gu-gu-dong-gu-gu-gu-dong-gu-gu-gu-dong-gu-gu-gu-si

In light of the contents, frequency, method, motive, etc. of each of the crimes in this case, the nature of the crime is very bad.

The degree of damage to the Defendant’s property caused by the instant crime, such as conflict and fraud, is relatively small, and the Defendant has been subject to nephical treatment due to alcohol dependence, repeated depression, etc., and the medical history of such Defendant is due to mental disorder.

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