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(영문) 춘천지방법원 강릉지원 2018.01.11 2017노390

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized his mistake and reflected his mistake is favorable to the defendant.

On the other hand, however, the degree of violence inflicted by the defendant on the victims is not weak, and the victim G suffered serious injury that is derived from the cage of the victim.

Nevertheless, damage has not been compensated.

Since the Defendant committed the instant crime repeatedly because he/she had a history of criminal punishment, including punishment, suspended sentence, etc., even though he/she had been subject to criminal punishment on several occasions due to violent crimes, it is necessary to punish the Defendant as a sentence for a considerable period of time.

In addition, considering various sentencing conditions shown in the records and arguments, such as the age, character and environment of the defendant and the circumstances before and after the crime, the sentence of the court below against the defendant is too unreasonable.

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