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(영문) 서울북부지방법원 2015.03.26 2014노1761
폭력행위등처벌에관한법률위반(상습폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Facts constituting the crime in the judgment of the court below

2. The offense of insult and the offense of insult;

B. At the time of committing the crime of assault, he was drunk and was in a state of mental disability.

B. The sentence imposed by the lower court on the Defendant (one year and three months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of mental and physical disability, the defendant's criminal facts stated in the judgment of the court below in the state of drinking

2. The offense of insult and the offense of insult;

B. The Defendant is deemed to have committed a crime of assault, but in light of the circumstances before and after the commission of each of the above crimes, the circumstances leading to each of the above crimes, and the Defendant’s behavior at the time, etc., it cannot be deemed that the Defendant did not have a weak state of the ability or decision-making ability to discern things due to drinking at the time of the commission of each of the above crimes. Thus, the Defendant’s argument

B. Although the defendant's act of unfair sentencing was committed in the court of original instance and the part denied at the court below's trial, it is against depth and reflects the defendant's health condition due to high blood pressure and urology. However, the defendant has already been punished by a suspended sentence of imprisonment and a fine over several times due to the same crime, and the defendant did not receive a letter of suspicion from the victims due to agreement. Among each of the crimes of this case, the defendant committed a violation of the Punishment of Violences, etc. against Victims (Habitual Violence) from among the crimes of this case, since he did not live in the victim F's residence for a long time on the ground that the defendant does not live at the place where he would reside, and frequently assaulted the victim F with several reasons, and the crime is very bad, and the punishment becomes a condition of punishment as shown in the records, such as the motive and circumstance leading up to each of the crimes of this case, the defendant's age before and after the crime, the defendant's age, character, environment, occupation, family relation, etc.

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