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(영문) 광주지방법원 2019.04.30 2019노254

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The circumstance in which the Defendant recognized each of the instant crimes from the investigation process to the trial room is recognized, and the circumstances against which the Defendant reflects.

Even if the defendant does not want the punishment of the defendant under the agreement with the victim of the crime of violation of the Punishment of Violences, etc. Act, it is favorable for the defendant.

However, the defendant has been punished several times for violent crimes under the influence of alcohol, and the same kind of crime has been continuously repeated.

In particular, it is highly likely that the Defendant was sentenced to a suspended sentence as a crime of special injury and committed each of the instant crimes during the suspended sentence period, and that the Defendant committed a special intimidation and a violation of the Punishment of Violences, etc. Act (joint injury) after being prosecuted for the crime of assault committed on March 16, 2018.

The lower court also determined the sentence by comprehensively taking into account the factors favorable to the Defendant, and there is no change in the sentencing conditions that may be specially considered in the trial compared with the lower court.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.