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(영문) 의정부지방법원 2017.01.06 2016노3091
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the Defendant is excessively unreasonable, due to the summary of the grounds for appeal.

2. The judgment on the grounds of appeal is based on the facts charged in this case, and the fact that the defendant reflects his mistake while recognizing all the facts charged in this case, and the extent of the tangible power exercised by the defendant against a single victim D is relatively heavy is recognized as the circumstances favorable to the defendant.

However, in light of the method and contents of each of the crimes in this case, each of the crimes in this case is not less than the nature of the crime, it is difficult to expect damage recovery in the future because it did not reach an agreement or complete damage with the victims until now, victim F wanting to be punished several times due to the same kind of crime, etc., and the court below made recommendations and sentences [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes: Crimes of Violation of the Guidelines for Sentencing: Types 1 (Desertion after Injury): the escape after traffic accident; the basic area (from August to one year and six months); Crimes of Violence; Crimes of Violence; Types 4 (Special Intimidation); Crimes of Violence; Crimes of Violence; Basic Area (from June to one year and six months); Crimes of Violence; Crimes of Violence; Basic Area (general assault); Basic Area; From February 1 to 8: Number of Crimes in the same kind of imprisonment with prison labor; Reasons it seems that there were no special circumstances that the court below sentenced the defendant to the punishment in this case within the extent of reasonable and reasonable changes in circumstances.

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