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(영문) 전주지방법원 2016.09.23 2016노725

폭행치상등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (an improper sentencing) of the lower court’s punishment (an amount of KRW 500,000) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant had no record of criminal punishment previously imposed; (b) the recognition of the instant crime and reflects the mistake; and (c) the fact that the Defendant appears to have agreed with the victim.

On the other hand, the crime of this case is committed against the defendant, in light of the fact that the crime of this case was committed by the victim with the victim who was 70 senior citizens and the victim's knife while punishing him, and that the crime of this case was committed by assaulting the victim, etc., and that the crime of this case was committed much more reduced than the summary order in consideration of the favorable circumstances of the defendant.

In full view of the above circumstances and other factors of sentencing as shown in the records and arguments of the instant case, such as the background of the instant crime, the Defendant’s age, sexual conduct, environment, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.