(영문) 서울서부지방법원 2016.10.27 2016노854

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(영문) 서울서부지방법원 2016.10.27 2016노854

폭행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Regarding the summary of the grounds for appeal by the Defendant and the Prosecutor, the Defendant asserts that the Defendant is too unaffortable and unfair, and the Prosecutor argues that it is too unaffortable and unfair.

2. The crime of this case is spits or spits on the victim's face while taking the victim's bath even though the police officer dispatched to the victim upon the victim's report, and the crime of this case is not likely to be committed in light of the circumstances of the crime.

In addition, the victim has yet to be punished for severe punishment against the defendant.

In addition, it is true that there is a need for more strict punishment against the defendant, considering that the defendant has been punished several times for the same crime.

However, when the defendant was in the first instance, he recognized his criminal act, and the defendant has no record of being sentenced to a punishment heavier than the suspended sentence, the damage is minor and there are some circumstances to consider the motive and circumstance leading to the crime of this case, and the fact that the defendant is currently under medical treatment after the suspended cancer operation and is in the position to support his mother is favorable to the defendant.

In full view of the circumstances unfavorable or favorable to such defendant and all the sentencing conditions as the age, character and conduct, environment, family relationship, motive and consequence of the crime in this case, etc., the sentence imposed by the court below on the defendant is within the scope of the sentencing discretion assigned to the court below, and it cannot be deemed that the proper sentence is too heavy or too unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is all groundless and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act

참조조문

-형사소송법 제364조 제4항

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