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(영문) 대전고등법원 2016.10.28 2016노282
특수존속상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below found a person not guilty of the injury caused by special assault among the facts charged in the instant case, dismissed the prosecution as to the remaining violence and the remaining facts charged.

However, since only the defendant appealed the above guilty portion, and the prosecutor did not separately appeal the part of innocence and dismissal of prosecution, and the part of acquittal and dismissal of prosecution among the judgment below became final and conclusive, the scope of this court's judgment is limited to the convicted part of

2. The summary of the grounds for appeal: The court below's imprisonment (one year of imprisonment) is too heavy.

3. The fact that the defendant recognized a mistake and reflects the fact that the victims did not want the punishment of the defendant constitutes a favorable condition for the defendant.

However, the contents of the crime of this case committed by the defendant are anti-humane and criminal tools committed by the defendant, which were committed by the defendant, are very dangerous deadly weapons, and the nature of the crime is very poor.

The Defendant, even before the instant case, was punished by a fine for a crime that revealed violent inclinations, such as bodily injury and damage, and according to the statements of the victims, the Defendant appears to have committed intimidation or assault to his family members in addition to the instant case, but the Defendant failed to improve such character and behavior and committed the instant crime.

The Defendant shows his intent to correct personality and behavior, to improve the living environment, and to treat mental problems, such as depression and shock disorder, which had been treated in king with the intent of the Defendant. However, considering the importance of the instant crime, the repetition of violent inclination crimes, and the intent of victims in family relations, etc., the Defendant need to correct personality and behavior by separating it from society for a certain period of time.

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