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(영문) 인천지방법원 2017.12.15 2017노3985

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In full view of various circumstances, including the Defendant’s age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is too excessive and thus, cannot be deemed unfair. However, the lower court’s punishment is too unreasonable in light of the following: (a) the Defendant is deemed to have been subject to punishment several times during the suspension period; (b) the Defendant committed each of the instant crimes during the suspension period; and (c) the Defendant did not have any effort to recover damage; and (d) the Defendant’s age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime.

3. If so, the defendant's appeal is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.