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(영문) 서울북부지방법원 2015.07.16 2015노414

폭행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (5 million won of a fine) imposed by the lower court against the Defendant is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. The circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and the degree of assault inflicted on the victim B was not serious, and that there seems to have been some extenuating circumstances in terms of the motive and background leading up to the crime of this case, the defendant has already been sentenced to imprisonment for the same kind of crime as the crime of this case, suspension of execution of imprisonment and fine for several times, and again committed the crime of this case without being familiar with the victim during the period of the suspension of the execution of imprisonment for the same kind of crime, and the fact that the defendant did not receive a letter from the victim due to an agreement with the victim, etc., and other circumstances that are disadvantageous to the defendant, such as the situation before and after the crime of this case was committed, the defendant's age, character and conduct, environment, occupation and family relation, etc., are considered to be too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.