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(영문) 대구지방법원 2017.03.15 2016노5712
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. It is recognized that the victim E does not want to punish the defendant.

However, there are unfavorable circumstances such as the fact that the defendant had a record of the same kind of crime including the punishment 18 times, that the defendant assaultss neighboring residents without any reason while under the influence of alcohol, and that the crime has been bad, that the damage of the victims has not been recovered, and the victim C wishes to punish the defendant with severe punishment.

In addition, comprehensively taking account of the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., even if considering the circumstances such as the Defendant’s basic living recipients, not having good economic conditions, and the Defendant’s wife was unable to have good health conditions due to mental disorder 3, the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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