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(영문) 대전지방법원 2014.02.12 2014노4
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the overall circumstances, such as the fact that the defendant reflects the gist of the grounds for appeal (e.g., the fact that the defendant made an effort to recover damage, such as deposit for victims, etc., the sentence of the court below (e.g., three months of imprisonment) is too unreasonable.

2. Circumstances are favorable to the Defendant, such as the fact that the Defendant was aware of and against the instant crime, and that the lower court deposited KRW 400,000 for the victims, and that there was an agreement with the victim D in the first instance.

However, the crime of this case was committed on October 30, 2008 by the Defendant with the multiple occasions operated by the victim D (the age of 53) without any special reasons, and committed violence against the victims, such as taking the victim F (the age of 35) who was employed at the end, and taking them into drinking. The crime of this case is not likely to be committed by using violence against the victims who were female workers who did not make any error. In addition, the Defendant was punished 6 times by imprisonment, suspension of execution, 11 times of fine, and 11 times of fine due to the same crime such as violent crime, etc., and in particular, the Defendant was sentenced to 2 years of imprisonment on August 12, 2010 by the Jeju District Court for violation of the Punishment of Violence, etc. Act (a habitual weapon, etc.), and the Defendant did not appear to have been sentenced to the punishment of this case for a period of 3 months after the completion of the execution of the sentence, and the circumstances leading up to the Defendant’s occurrence of the crime of this case’s age.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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