폭행등
The defendant's appeal is dismissed.
1. The court below dismissed the prosecution against the defendant as to the violation of the Punishment of Minor Offenses Act among the facts charged against the defendant, and sentenced the conviction against the violation of the Punishment of Minor Offenses Act. Since only the defendant appealed against the guilty part of the judgment below, the dismissal of the above indictment was separated and finalized as it is.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 400,00 is too unreasonable.
3. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). No new circumstance was found to change the sentence of the lower court in the trial at the lower court. In addition, considering all factors of sentencing as indicated in the instant pleadings, including the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing is too unreasonable and it does not seem to have exceeded the reasonable scope of discretion.
The defendant's assertion of unfair sentencing is without merit.
4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.