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(영문) 서울남부지방법원 2018.11.22 2018노1518

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Considering the fact that the defendant committed the crime of this case, and the victims of the injury and special injury do not want the punishment of the defendant, the following facts are considered: ① each of the crimes of this case is considerably poor in light of its circumstances and methods; ② particularly, the crime of special injury was a very dangerous act that may inflict much more serious damage to the victim; ③ the defendant has the record of criminal punishment exceeding 15 times including five criminal records; ④ the crime of this case is committed in relation to violence; ④ the crime of this case during the period of repeated crime of special intimidation; ⑤ the crime of this case was prosecuted for the crime of assault of this case and the criminal trial is still pending, and the defendant committed the crime of this case with awareness that the crime of this case was committed during the period of the crime of assault of this case, and even after that day, it is obvious that the defendant committed the crime of this case, and even after that day, the defendant tried to raise the wrong character and behavior of this case, and thus, it does not seem that the victim's effort to commit the crime of this case is considerably beyond the scope of punishment of the victim's discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.