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(영문) 전주지방법원 2020.04.23 2019노1599
폭력행위등처벌에관한법률위반(상습폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of employment restriction order) is too unreasonable.

2. The judgment of the defendant is divided into and against his own crime from the investigation stage to the trial of the case, and the defendant's violation of the Punishment of Violences, etc. Act (Habitual Violence), special injury, and property damage, the victim B, who is the victim of the crime, expressed his intention not to punish the defendant, and the victim K, who is the victim of the crime of interference with business, expressed his intention not to punish the defendant in consultation with K, who is the victim of the crime of interference with business in the trial process of the

However, among the crimes of violation of the Punishment of Violence, etc. Act (Habitual Violence) against the victim B, the District Court prior to the decision on temporary measures to protect the victim B was rendered on July 9, 2019 that "the defendant shall immediately leave the victim B and family members' residence and shall not enter the victim's residence until September 8, 2019; the victim and family members' residence; the victim and family members' residence; and the crime of violation of the Punishment of Violence, etc. Act (Habitual Violence) against the victim B was ordered to order the victim B to leave the victim's residence on August 31, 2019 and the crime of destruction and damage to property on September 8, 2019."

(See Supreme Court Order 2019No77 Dated July 9, 2019). Since the violation was committed in violation of Eul, the nature of the crime is considerably poor, the victim E of the crime of violation of the Punishment of Violences, etc. Act (Habitual assault) was not taken, and the defendant, without justifiable grounds, was subject to a correctional officer’s disposition of forfeiture of punishment three times due to an act of non-compliance with correctional officer’s official instructions or orders, such as refusing to enter a ward designated in a detention house during trial, etc., and the defendant was the victim B of the crime of this case at the Jeonju District Court on July 18, 2018.

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