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(영문) 의정부지방법원 2016.03.30 2016노364
특수폭행등
Text

The defendant's appeal is dismissed.

Reasons

In light of the above, the Defendant’s act of committing a crime on November 20, 2015 was committed again on November 20, 2015, and the Defendant was arrested on November 20, 2015 and went to a police station for the commission of a crime on November 20, 2015, and there are no circumstances to take into account the following circumstances: (a) the Defendant did not agree with the victims; (b) the Defendant did not appear to have been subject to suspension of execution and fine due to violent crimes; and (c) the Defendant was committed before and after the commission of a crime.

In addition to these circumstances, all the sentencing conditions in the instant case, including the motive, means and result of the crime, the circumstances after the crime, the age, sexual conduct, environment, and family relationship of the defendant, and the scope of the recommended punishment in the sentencing guidelines of the Supreme Court (special assault) by the military of violent crimes, assault, six types (special assault for repeated crime), the basic area, six months to one year from June to October 2 (Interference with Duties): Crimes interfered with the military of duties, obstruction of duties, one type (Interference with Duties), six months from June to June 3 (Assault of Duties) in the basic area, crimes of violence, violence, first type (general assault), basic area, special assault, and insult of two months or October are not set forth in the sentencing guidelines.

* Scope of recommended punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than six months (the special assault crime, assault crime, obstruction of duties and special bodily injury crime for which the sentencing guidelines have been set are not set and the sentencing guidelines have not been set. As such, the lower limit of the sentencing guidelines for the special assault crime for which the sentencing guidelines have been set should be observed in accordance with the guidelines for sentencing guidelines) and the standards for suspension of execution (the major reasons for negative consideration: the suspension of execution within five years or a fine of not less than three times): the court below’s sentence is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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