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(영문) 의정부지방법원 2017.09.28 2017노1919
폭행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

1. The court below's scope of trial in this Court sentenced F to the judgment dismissing each indictment of assault against F among the facts charged against the defendant, insult, the point of special assault, and obstruction of business, and each indictment of assault against C and D was pronounced. The defendant appealed only for the guilty part, and the prosecutor did not appeal, and the dismissal part of the prosecution which was not appealed by the defendant and the prosecutor became final and conclusive. Thus, the scope of trial in this Court is limited to the above conviction part.

2. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable.

3. The Defendant, including a punishment, has been subject to punishment more than ten times for violent crimes, and there is a need to strictly punish the Defendant who interferes with business or commits property damage while being tried due to assault, etc.

In the course of criminal conciliation, the Defendant was aware of the victim H of the offense of insult and expressed his/her criminal record and his/her telephone number for the victim.

In other words, the defendant had a sense of threat (the 47-49 pages of evidence, the 55th page of the record of trial). The defendant had committed assault and verbal abuse several times during his death with the victim K (Evidence Records 22 to 26, 66-67 pages of evidence records), and the suspect who is a dangerous object was placed in K and the crime is very bad.

On the other hand, the victim K of special assault, interference with business, and damage to property did not punish the defendant from the investigation stage, and continuously wanted to take the defendant, and the victim F of the assault crime and H of the insult expressed his intention not to punish the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, the lower court against the Defendant.

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