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(영문) 의정부지방법원 2017.12.14 2017노2887
폭행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below on the defendant (six months of imprisonment) is too unhued and unfair.

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects the wrongness of the defendant, the defendant agreed with the victim K at the investigation stage, the victim expressed his/her intention not to want the punishment against the defendant, and there is a family member to support the defendant.

However, during the process of the crime of assault and insult of this case’s crime of assault and insult, the victim assaulted the victim on the ground that the victim might talk another male, and repeat the insult of the content that makes the victim feel a sense of shame.

In addition, the crime of the special intimidation of this case kills K of the victim, which is a dangerous object during the trial due to the crime of assault and insult.

The threat is a threat.

Each of the crimes in this case was committed during the period of suspension of execution due to the same crime.

Defendant has five or more times of violent crimes.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too weak or unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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