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(영문) 대전지방법원 2015.04.09 2015노406
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. Of the facts charged in the instant case, the lower court rendered a judgment dismissing the prosecution against the Defendant on February 19, 2013 regarding the Defendant’s assaulting the victim C (the victim (the victim, 52 years old) at 101 Dong-dong 1301 and 1301 on February 23, 2013, i.e., three times the victim’s face face part and one time the head part (the victim’s face part) in drinking, and sentenced the Defendant guilty of the remainder of the charges, and only the Defendant appealed against the guilty part of the lower judgment.

Therefore, among the judgment of the court below, the dismissal of public prosecution is deemed to have been exempted from the scope of public defense among the parties. Therefore, the scope of this court's judgment is limited to the part which the court below

3. Determination: The defendant is deemed to have committed each of the crimes of this case, although he/she was sentenced to a suspended sentence due to an injury in the Support of the Daejeon District Court on January 30, 2009, and the defendant again committed each of the crimes of this case on July 21, 2014, even though he/she was sentenced to a fine due to violence in the same court on July 21, 2014, although he/she was sentenced to a suspended sentence due to the injury, etc., he/she again again commits each of the crimes of this case; the method of the crime of the defendant is somewhat harsh and dangerous; the crime is not good; the court below's punishment is the first crime (thie) among the recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee; the theft group; the fourth type; the victim; the victim and the victim have not want to be punished: the scope of punishment: imprisonment with prison labor for not less than eight months but not more than one year and six months; the scope of punishment (shorter Punishment) and Intimidation of Violence Act).

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