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(영문) 인천지방법원 2014.05.16 2014노101

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant committed the instant crime; (b) the Defendant committed the instant crime; (c) the physically handicapped class 5; and (d) the recipient under the National Basic Living Security Act.

However, the court below seems to have determined a punishment by fully considering the circumstances favorable to the defendant, and it seems that there was no change of circumstances that could vary from the judgment of the court below, and the defendant has been sentenced to fines, suspension of execution, and punishment several times due to the same criminal acts. However, during the repeated crime period, more severe punishment is inevitable, and the defendant does not take any measures to recover damage, such as the defendant's age and behavior environment, the situation before and after the crime, etc., and other various sentencing conditions in the records and arguments, such as the defendant's age and behavior environment, the situation before and after the crime, etc., are considered to be too unreasonable.

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