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(영문) 서울남부지방법원 2018.11.15 2018노1847
상습폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of the instant case.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the Defendant’s speech and behavior or the circumstances before and after the crime of this case acknowledged by the record of judgment on the assertion of mental and physical weakness, etc., the Defendant was in a state that the Defendant had weak ability to discern things or make decisions due to drinking.

Therefore, the defendant's mental and physical weak argument is not accepted.

B. There is no new circumstance or special change in circumstances that can be reflected in sentencing after the decision of the lower court on the unfair argument of sentencing is rendered.

Although the defendant is seeking to commit a crime, he/she has agreed with the victim.

One is that the crime of this case was committed by the defendant habitually, and the nature of the crime is very poor. ② Such domestic violence cannot be punished as a mere individual issue; ② considering the negative impacts on the emotional sentiments of victimized children who directly or indirectly experienced domestic violence or the harm inflicted on society as a whole through the massation of violence, etc. ③ In addition, even before the defendant committed several times, he did not neglect his efforts to improve his wrong character and behavior and again did not use more tolerance against the defendant again, ④ In addition, the court below's sentencing is not harsh in full view of various sentencing conditions as shown in the records and arguments of this case, such as criminal records, age, sexual behavior, environment, etc.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the ground that the appeal is without merit.

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