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(영문) 대전지방법원 2015.03.12 2014노3813
폭행
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 (unfair punishment) of the original judgment is too unreasonable.

2. The crime of this case is an unfavorable circumstance where the Defendant committed several assaults against the victim, who is a married couple, and the nature of the crime is not good, and there is a record of being sentenced to suspended sentence of imprisonment for the same crime.

However, there are extenuating circumstances, such as the fact that the Defendant led to the instant crime and reflects the Defendant’s mistake in depth, the degree of damage seems to be relatively insignificant, and the victim and the victim do not want the punishment against the Defendant in the first instance.

In this context, from January to February 20, the scope of recommendation and sentence for each of the crimes of this case according to the sentencing guidelines established by the Sentencing Commission: violent crime group, type 1 (general assault), special sponser (in cases where the degree of violence is minor, if the degree of violence is not so minor, or considerable damage has been recovered), decision-making on the recommended range (special mitigation area) and 2: violent crime group, category 1 (general assault), special spons (in cases where the degree of violence is minor, if the degree of violence is minor, non-spons or significant damage has been recovered), decision-making on the recommended range (special mitigation area), range of recommendation (one to eight months): Group of violent crimes, Type 1 (general Violence), special sponsers or special sponsers (in cases where the extent of suspension of execution of punishment is minor, minor damage area or damage area), decision-making on the recommended range (one to one year or more), major reasons for suspended execution (one year or more), Defendant 1 to two months, main reasons for suspended execution (one year or more).

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