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(영문) 대구지방법원 2018.02.08 2017노3055
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment and one year of suspended execution) is too unreasonable.

2. The court below held that the defendant has had a record of assaulting the victim who is a wife several times, and committed the crime of this case committed by assaulting the wife in the presence of one's child even when he was placed in a prior place, and that the defendant who used repeated violence against his wife who is a family member continues to hold the president of a social welfare foundation's office for the purpose of the Social Welfare Business Act's purport and purpose of "protecting the disabled who is alienated from the community in accordance with the Welfare Act, protecting the disabled, providing them with sound rehabilitation environment and social adaptation education, thereby contributing to strengthening family functions, strengthening family relations and social participation with the local community, protecting the human rights of the disabled, protecting the rights of the disabled, and protecting the rights and interests of the disabled," and it appears to be contrary to the purport of the F of the business welfare foundation's establishment for the purpose of this act's purpose is divided into his wrong acts, making agreement with the victim and the defendant and the injured party also endeavor to ensure home.

The above punishment was sentenced in consideration of the favorable circumstances, such as the fact that the defendant did not have any history of punishment, and the defendant did not have any history of punishment.

In full view of the circumstances, other than the circumstances considered by the lower court, there is no change of circumstances in the lower court’s sentencing, and all other conditions of sentencing, including the Defendant’s age, sexual conduct, environment, background leading up to the commission of the offense, means and consequence, scale of the offense, and circumstances after the commission of the offense, the sentence imposed by the lower court is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of its discretion.

It is evaluated or recorded as it is.

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