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(영문) 서울중앙지방법원 2018.1.26. 선고 2017노4449 판결

공갈, 상해, 폭행

Cases

2017No4449 Gong, Bodily, Assaults

Defendant

A

Appellant

Defendant

Prosecutor

Mara (prosecutions) and stuffing (public trial)

Defense Counsel

Attorney V (National Election)

The judgment below

Seoul Central District Court Decision 2017Da4139 Decided November 9, 2017

Imposition of Judgment

January 26, 2018

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

There is no special change in circumstances to change the sentence of the court below, such as the confession of the crime of this case and the violation of the law of this case, etc., which are favorable to the defendant, but the defendant has been punished not less than 20 times for the same crime (not less than five times). The defendant committed the crime of this case again during the period of repeated crime of the same kind, and agreed with the victims up to the trial.

Considering the above circumstances and the various sentencing conditions indicated in the records and arguments of this case, the lower court’s punishment is too unreasonable.

3. Conclusion

Therefore, 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.

Judges

The presiding judge, senior judge, and leather

Judges Kim Gin-han

Judges Hwang Sung-sung

심급 사건
-서울중앙지방법원 2017.11.9.선고 2017고단4139