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(영문) 대전지방법원 2018.10.12 2018노2085
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment: (a) the Defendant committed a non-discrimination assault against the victim, who was living together without being a person during the suspension period of the execution of the same kind of crime; (b) the Defendant committed an assault against the victim even before being investigated as the crime of assault; (c) had the record of being subject to the disposition that the victim was not subject to prosecution because of not wanting to prosecute; (d) the crime of this case requires strict punishment of the harm caused by the use of trust relationship, such as ordinary and repeated continuation or gradually increasing the risk of conduct by taking advantage of trust relationship; (e) the degree of violence by the Defendant against the victim is harsh; (e) the degree of violence by the Defendant’s use against the victim is harsh; and (e) there is a record of being subject to a disposition that is not subject to prosecution due to a special assault, in addition to the violence against the victim, the Defendant’s suspension

However, the defendant seems to repent his mistake.

From the judgment of the court below, the victim expressed his intention that he does not want the punishment against the defendant, and the victim directly appeared in the court of the trial and complained against the defendant.

The degree of injury to the victim is not much serious.

In addition to the above circumstances and the defendant's age, sex, environment, motive, means and consequence of the crime, etc., all the sentencing conditions shown in the arguments, such as the circumstances after the crime, and the recommended sentencing guidelines established by the Supreme Court sentencing committee (the scope of recommended punishment) in the basic area (the scope of recommended punishment shall be not less than four months but not more than one year and six months) (special sentencing factors): Reduction factors: Reduction factors of punishment, aggravation factors: In full view of the cruel criminal law, the sentence imposed by the court below is too unreasonable.

The defendant's argument of sentencing is justified.

3. The appeal by the defendant is in conclusion.

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