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(영문) 광주지방법원 2016.12.20 2016노857
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On the other hand, the Prosecutor appealed to the lower court against the summary of the grounds for appeal (two years of imprisonment with prison labor, three years of probation, community service, alcohol therapy and domestic violence therapy) by asserting that the Defendant is too unreasonable. On the other hand, the Prosecutor appealed to the effect that it is too unreasonable.

2. The judgment of the Defendant had the record of receiving a family protective disposition by exercising violence against his family in 2007 and 2015, and the issue is somewhat weak due to the degree of violence used in the instant crime.

However, while the defendant is living separately with the wife F, the victim E is currently living in the dormitory, so the risk of recidivism is relatively high, and deposit KRW 7 million for the victims.

In addition, some of the instant crimes were committed prior to the decision of family protective disposition in 2015, and the lower court ordered probation to take domestic violence therapy and alcohol therapy in order to prevent the Defendant’s recidivism, and the Defendant was released at the end of detention life for three months from the date the lower court was prosecuted for the instant crime.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, and circumstances after the commission of the crime, etc., the lower court’s sentencing is too heavy or minor beyond the reasonable scope of discretion, and thus, it is difficult to accept all the Defendant and the prosecutor’s allegation of unfair sentencing.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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