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(영문) 대전지방법원 2015.07.16 2015노840
폭력행위등처벌에관한법률위반(상습폭행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the original judgment is too unreasonable.

2. In light of the motive of the instant crime, the fact that the liability for the instant crime is not less exceptionally, that is not agreed with the victim, and that the instant crime was committed even though there was a history of punishment several times for the same crime, etc., is disadvantageous.

However, there are extenuating circumstances, such as the fact that the defendant made a confession of all the crimes and made a mistake in depth after 190, there is no record of criminal punishment exceeding a fine, and the fact that the drinking seems to have committed contingent crimes after drinking. The scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Sentencing Committee established by the Sentencing Committee, is from 6 months to 10 months, and the scope of the recommended sentence for the crime of this case is from 6 months, from 6 months to 6 months, and there is no special person, decision on the recommended area, the scope of the recommended sentence (basic area), the scope of the recommended sentence (6 months to 10 months), the scope of the recommended sentence (6 months to 10 months), the suspended sentence is also possible, and there is no other important or unfair factors that can be taken into account in light of the following factors: Defendant age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the judgment is rendered again as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the crime;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the above);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

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