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(영문) 부산지방법원 2018.02.09 2017노4040
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below dismissed the prosecution against the defendant among the facts charged in this case, and convicted the defendant as to obstruction of business, and dismissed the public prosecution without the prosecutor's appeal as to the part of the conviction was finalized by the expiration of the appeal period. Thus, the court below's judgment against the defendant is to be judged only on the guilty part of the judgment below.

2. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for a period of eight-month suspension, observation of protection, community service, 80 hours of violence therapy, 40 hours of violence therapy) is too unreasonable.

3. The judgment of the defendant is recognized that the defendant led to the confession of the crime, and his mistake is divided, and that he agreed with the victim.

However, in light of the form and method of the instant crime, etc., the Defendant’s punishment is not somewhat minor; the Defendant has been sentenced to a fine, suspension of execution, and punishment for the same crime, etc.; the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and considering all of the sentencing conditions in the pleadings of the instant case, such as the circumstances after the instant crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

4. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Criminal Procedure Act on the grounds that the “in the course of assaulting the victim” in the second two parallels of the judgment below is a clerical error in the victim’s breath and breast with his hand, so it is obvious that the “in the course of assaulting the victim” is a clerical error in the victim’s breath, so it is corrected

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