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(영문) 인천지방법원 2018.01.12 2017노3951
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and eight months) on the gist of the grounds of appeal is too unreasonable.

2. The fact that the defendant's judgment fully recognizes his mistake and reflects the fact that the crime of this case is committed in favor of the defendant, such as the crime of interference with the business set forth in the judgment of the court below, and the relation of concurrent crimes after Article 37 of the Criminal Act with the crime of this case, must consider equality with the case where the judgment is concurrently rendered, and the defendant's health status is not good.

However, under the influence of alcohol, the crime of this case is highly likely to be committed in that the Defendant assaulted or threatened several victims without any particular reason, thereby inflicting bodily injury on some victims. Among them, the victim Q has inflicted serious bodily injury, such as the right side and the frame, etc. requiring approximately nine weeks medical treatment. In light of the time, place, etc. of the crime, etc., the act is highly dangerous and the motive for the crime is also not acceptable.

In light of the process, results, etc. of crimes, victims have suffered considerable mental suffering.

Despite the fact that the damage has not been recovered until the trial of the case, and the victims are punished for the defendant.

In addition, the defendant committed the crime of this case against victims who were under the influence of alcohol, without making efforts to improve his personality and conduct even though he had been punished over several times, such as taking a prison punishment against violent crimes, and without making efforts to improve his character and conduct, and also committed the crime of this case against victims who were under the influence of alcohol during the period of repeated crimes such as violation of the Act on the Control of Narcotics, Etc., and it seems that the defendant's awareness of social responsibility and the awareness of compliance are considerably lacking.

In addition to the above circumstances, the sentencing conditions shown in the records and arguments of the instant case, including the Defendant’s age, character and conduct, motive of the crime, and circumstances after the crime, and the scope of the recommended sentencing guidelines of the Supreme Court.

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