logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (제주) 2017.11.08 2017노54
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing), the sentence imposed by the court below (one year) is too unreasonable, in light of the following: (a) the circumstance leading up to the instant crime is contingent; (b) the victim C and the Defendant have reached an agreement smoothly with the victim; (c) the Defendant recognized the facts of the crime; and (d) the Defendant has no record of being sentenced to more severe punishment than the fine

2. On December 18, 2016, the Defendant: (a) assaulted the said victim at a singing practice room operated by the victim C on or around December 18, 2016; (b) interfere with his/her business by preventing disturbance by using incidental materials of the said singing practice room (criminal facts in the judgment below); (c) assaulted the said victim by using dangerous materials and bricks around December 19, 2016, and committing the said crime (criminal facts2); (c) assaulted F, a customer of the said singing practice room, and (iv) did not repeatedly withdraw the victim’s damage on or around May 20, 2017, on or around April 30, 2017, on the ground that the victim did not report the damage to him/her.

Taking into account such factors as the Defendant’s violent tendency, the specific form of conduct, and the circumstances and purpose of each of the instant crimes, the nature of each of the instant crimes is not weak.

The decision is judged.

In addition, even before the instant case, the Defendant has been punished several times for the same kind of violent crime.

Considering these points, it is necessary to strictly punish the defendant as a penalty for a considerable period of time.

The decision is judged.

On the other hand, the favorable circumstances asserted by the Defendant on the grounds of appeal were already considered in the sentencing of the lower court, and there was no new sentencing data to the extent that the lower court’s sentence was reversed in the trial, and there was no change in the other sentencing conditions after the lower court was sentenced.

In addition to these circumstances, the defendant is the defendant.

arrow