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(영문) 서울북부지방법원 2015.08.28 2015노965

폭력행위등처벌에관한법률위반(상습폭행)

Text

The defendant's appeal is dismissed.

On January 24, 2014, the second part of the facts constituting the crime in the judgment of the court below.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment can be taken into account: (a) the fact that the Defendant was found to have committed a crime under the influence of alcohol at the time of trial; (b) the Defendant accumulated the same criminal records as the time of original trial; (c) the victim’s damage was not recovered; and (d) the instant case (the occurrence of April 13, 2014) was committed against the Defendant during the period of suspension of execution due to a violation of the Punishment of Violence, etc. Act (a violation of the Act on the Punishment of Violences, Etc. (a Intimidation with Deadly Weapons, etc.) (a period of one year and three years of suspended execution) which became final and conclusive on February 4, 2014; (c) the summons of the first trial date of the lower court was served, and the Defendant was detained, and thus, the Defendant’s liability is very heavy, and it is not determined that the Defendant’s punishment is too unreasonable when examining the various sentencing conditions expressed in pleadings, such as the Defendant’s age, character and behavior

Therefore, the defendant's assertion is not accepted.

3. Therefore, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that there is no reason to do so, and the decision of the court below is delivered with a decision to correct the obvious error in the court below's decision under Article 25