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(영문) 의정부지방법원 2016.08.12 2016노1338
폭행등
Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Of the facts charged against the Defendant, the lower court dismissed the prosecution against the Defendant regarding the charge of assault, and sentenced the remainder of the facts charged, and only the Defendant appealed against the guilty part of the lower judgment and did not appeal against the dismissed part of the prosecution by both the Defendant and the prosecutor. As such, the part of the lower judgment dismissing the public prosecution becomes final and conclusive, and only the convicted part is subject to the judgment of the lower court.

2. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

3. We examine the reasoning of appeal. Each of the crimes of this case, such as: (a) the Defendant committed the instant non-licensed driving without a license and led H to make a false confession, thereby inducing the offender to commit the instant crime; (b) the Defendant has no record of having been punished several times due to the crime related to non-licenseless driving and violence; (c) the Defendant has committed several crimes due to violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.); and (d) the Defendant again committed the instant crimes without being aware of, and without being aware of, the fact that he/she committed the instant crimes while being suspended from execution due to the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.).

However, all of the facts constituting the crime of this case are recognized by the defendant, and it seems that the defendant has been detained for about six months in this case, and the seriousness of punishment due to repeated crimes such as bodily injury and non-licensed driving, etc. is sufficiently broken down. The defendant has dependents, family members, etc. want to break up the defendant's wife, the victim of the injury of this case and the defendant agreed smoothly with the victim of the crime of this case, and the imprisonment of this case has become final and conclusive, up to three years for which the previous suspension of execution has been suspended.

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