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(영문) 의정부지방법원 2017.11.14 2017노2288
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and community service 80 hours) is too unreasonable.

2. The judgment of the defendant is contrary to the recognition of each of the crimes of this case.

The degree of injury inflicted on the victim E in the crime of injury is relatively minor.

In the court below, the defendant deposited one million won each for the victims.

On the other hand, the defendant assaulted a female-friendly job offer victim C on the ground that he was not subject to telephone, and the victim E who is the latter victim respondeded to her oral statement, which requires approximately 2 weeks medical treatment. In light of the circumstances of the crime, etc., the nature of the crime is poor.

On October 8, 2010, the Defendant has been punished for the same or similar violent crimes, including the previous convictions sentenced to a suspended sentence of ten months on the grounds of interference with business affairs on October 8, 2010.

Until the trial, the defendant did not agree with the victims.

The lower court appears to have determined the sentence against the Defendant in full view of the above circumstances, and there is no change in the special sentencing conditions after the sentence of the lower judgment.

In full view of the above circumstances and the sentencing guidelines set forth in the sentencing guidelines set by the Supreme Court Sentencing Committee, the first crime [the scope of recommendation] under the category 1 (general injury) and the mitigated area (2) of the mitigated area (2 months to 1 year) [the scope of recommendation] under the category 1 (1) and 4 (1)] of the basic area (2 months to 10 months) [the scope of recommendation] under the basic area (2 months to 10 months] under the category 1 (1) [10 months from February to 10], the final sentencing scope due to multiple crimes: The defendant's age, sex, occupation, environment, motive and background of the crime, circumstances after the crime, etc., it cannot be said that the sentence imposed by the court below is too unreasonable since it is too unreasonable.

The defendant's unfair argument in sentencing shall not be accepted.

3. If so, the defendant's appeal is justified.

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