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(영문) 인천지방법원 2018.02.08 2017노3002
존속폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment dismissing the public prosecution regarding the continued assault among the facts charged in the instant case, and rendered a judgment of conviction regarding the remaining facts of assault, and only the Defendant appealed against the guilty portion.

Therefore, since the dismissal part of the judgment of the court below against which the prosecutor and the defendant did not appeal is finalized, it is limited to the guilty part of the judgment of the court below.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one hundred months of imprisonment, two years of suspended sentence, one hundred and twenty hours of community service, and forty hours of violent therapy) is too unreasonable.

3. It is recognized that the Defendant recognized the instant crime and reflects the fact.

However, the crime of this case is deemed to have been committed by the victim, who is a police trainee, dispatched by the defendant due to the use of violence against the mother of the defendant, and the nature of the crime is not good in light of the contents and circumstances of the crime, etc., the defendant used violence against the victim who was wearing the police uniform as a police trainee at the time of this case, and attempted to commit suicide by making it difficult for the police officer who was dispatched to restrain the defendant, and the defendant has been punished several times for the crime of this case, and further, the crime of this case is committed during the suspension period of execution due to the same kind of violent crime.

Defendant asserts that it is unfair for the lower court to order the Defendant to take violent therapy lectures for 40 hours and provide community service for 120 hours on account of work, etc. However, the specific methods and timing of taking violent therapy lectures and providing community service may be determined by the competent protective observation office in consideration of the Defendant’s health conditions and economic conditions at the execution stage. Accordingly, the order to attend violent therapy of this case is issued and the order to attend violent therapy of this case.

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