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(영문) 부산고등법원 (창원) 2017.11.15 2017노227
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court rendered a not-guilty verdict on the grounds of confinement for about six hours from March 29, 2017 to 00:05 on the following day. Since the prosecutor did not appeal against this, the part not-guilty in accordance with the indivisible principle, even though the non-guilty portion was already judged in the first instance court due to the indivisible principle, it had already been discharged from the object of the attack and defense between the parties, and was de facto relieved from the object of the trial, and this court cannot be determined on that part (see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010); and the conclusion of the lower judgment on the part not-guilty in the instant case shall be followed; and it shall not be determined separately from the first instance court.

2. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

3. Each of the instant crimes committed by the Defendant, which committed an act of assaulting a female-friendly job victim, committing an injury, such as the right side and the framework, committed an injury to the victim, and committed an act of assaulting the victim to be investigated by an investigative agency on the victim’s report, and driving a vehicle with no license without any license, which is very poor in the nature of the relevant crime and method of committing the crime, the degree of injury of the victim is relatively heavy, the Defendant did not reach agreement with the victim, and did not make any effort to recover the damage, and the Defendant was under criminal punishment on several occasions by larceny, etc. In particular, on August 23, 2013, the Defendant was sentenced to imprisonment on three years and six months, with prison labor for the crime of rape, confinement, etc., and without being aware of the fact that the execution of the sentence was completed during the period of repeated crime on November 23, 2016.

On the other hand, the defendant recognized all of the crimes of this case for the first time.

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