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(영문) 서울동부지방법원 2014.08.13 2014노609

폭행치상등

Text

The defendant's appeal is dismissed.

Reasons

1. Scope of the trial of the political party, and a summary of the grounds for appeal;

A. As to the injury caused by assault, the lower court found the Defendant guilty, and dismissed the prosecution as to each assault, and sentenced the dismissal of prosecution as to each assault.

However, as to the conviction portion of the court below, only the defendant appealed on the ground of unfair sentencing, while the defendant and the prosecutor did not appeal the dismissal portion of the public prosecution, so the scope of this court's judgment is limited to the conviction portion of the court below.

B. The summary of the grounds for appeal is unreasonable because the punishment (three million won of fine) imposed by the court below on the defendant is too unlimited.

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant made a mistake against the defendant, and sent an fluorous season, and that the damage from the crime of this case is relatively large, and that the defendant received a letter from the victim, the crime of this case is committed in violation of the Punishment of Violence, etc. Act (a violation of the Act on the Punishment of Violence, Etc. on September 27, 2013). However, even though there was the record of punishment several times of violent crimes such as imprisonment with prison labor for a violation of the Act on the Punishment of Violence, etc. (a year and six months of suspended sentence, one time of suspended sentence, and a majority of fines), it is disadvantageous to the defendant, such as the fact that the crime was committed by assaulting the victim with the victim who is the same fee and age, during the execution of the punishment, and other unfavorable circumstances such as the defendant's age, character and behavior and environment, motive or circumstance, means and result, etc., it cannot be said that the sentence of

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.