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(영문) 광주고등법원 (제주) 2019.05.08 2019노27
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

Comprehensively taking account of the following: (a) the summary of the grounds for appeal (unfair) recognizes and reflects the Defendant’s criminal act; (b) the Defendant committed each of the instant crimes by contingency while under the influence of alcohol; and (c) the Defendant was living difficult to grow up in the poor home environment, the lower court’s imprisonment (two years of imprisonment) is too unreasonable.

Judgment

Each of the crimes of this case committed by the defendant 16 times in convenience stores or restaurants operated by the victim C, etc., and interfere with the duties of the above victims by force, such as avoiding disturbance, etc., and assaulting the victim G and J over three times. The victim J abused the above victim for the purpose of committing the crime of smoking in the restaurant operated by the above victim as a flagrant offender by reporting the crime of smoking in the restaurant operated by the above victim to the police, and arrested him as a flagrant offender and being investigated. It is very poor in light of the circumstances and contents of the crime.

Furthermore, the defendant was sentenced to imprisonment with labor for one year and three months in 2017 due to fraud, etc. and completed the sentence, so that each of the crimes of this case has been committed, the possibility of criticism is greater.

In addition, in full view of all the sentencing conditions in the records and arguments of this case, including the background, content, means and result of each of the crimes in this case, the age, character and conduct, environment, etc. of the defendant, the sentence of the court below against the defendant cannot be deemed unfair.

(3) The defendant's appeal is justified. (4) The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench. (4) The defendant's appeal is without merit.

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