beta
(영문) 전주지방법원 2020.08.25 2020노469

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) on the defendant is too unreasonable.

2. It is recognized that the Defendant recognized all of the instant crimes for the first time in the judgment of the court, and reflects the fact that the victim has caused violence.

However, in full view of the following circumstances: (a) the Defendant already sentenced several times of larceny and committed the instant crime during the period of repeated crime; (b) the victim was wanting to be punished; (c) the prisoners detained in a correctional institution were not in compliance with the rules of the correctional institution; and (d) the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the offense; (b) the motive and circumstance of the offense; and (c) there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment; and (d) it is not deemed that the sentence imposed by the lower court is too unreasonable.

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