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(영문) 서울고등법원 2014.10.31 2014노2651
폭력행위등처벌에관한법률위반(상습폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two months of imprisonment, one year of suspended sentence, one year of probation, and one hundred and sixty hours of social service) is too unreasonable.

2. The judgment appears to have committed the instant crime with the victim by drinking alcohol together with the victim, the Defendant divided the error and paid a considerable amount of money (3 million won) to the victim, and the Defendant supported the wife and her two children with difficulties while working as a substitute driver, are more favorable circumstances that may be considered in light of the circumstances of the Defendant.

However, in full view of the defendant's age, family relation, criminal record, character and behavior, environment, motive and circumstance of the crime, method and method of the crime, etc., the court below suspended the execution of the punishment for six months, while the defendant was punished for the last time by violence, and did not abandon the habit of such violence again, and the defendant again committed the crime of this case due to the realization of violence. The defendant's crime of this case by the realization of the above violence habit cannot be evaluated as the crime of this case with only the content of violence itself. Thus, it cannot be deemed that the defendant's crime of this case cannot be evaluated as the crime of this case. In addition, considering all the sentencing conditions such as age, family relation, criminal record, criminal record, character and behavior, environment, motive and circumstance of the crime, method and method of the crime, etc., the court below suspended the execution of the punishment for six months, which is the lowest punishment of the punishment of the defendant. Thus, the defendant's assertion is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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