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(영문) 전주지방법원 2016.06.17 2016노151

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too unreasonable.

2. The following facts are favorable to the Defendant: (a) the Defendant recognized the instant crime and commits the instant crime; (b) the Defendant appears to have committed the instant crime in a contingent manner while the victim was injured; (c) there was no past record of criminal punishment or criminal punishment heavier than a fine; and (d) the instant crime is in a concurrent crime relationship with the victim after Article 37 of the Criminal Act with regard to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for which the judgment became final and conclusive; and (e) the equity between the Defendant

On the other hand, the crime of this case is committed by the victim, who found the main points of the defendant's operation and caused a mobile phone and the driver's face and head 10 times, and the crime of this case is committed by the victim and the victim's face and head 10,000,000 won, such as wages, etc. which are not provided to three workers, and the nature of the crime is not less than that of the victim, the victims who did not receive wages, etc. from the defendant did not reach an agreement with the victims until the trial, and did not take any measures to recover the victims' damage, and the court below did not take any particular measures to determine the amount of fine in full consideration of the circumstances favorable to the defendant.

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

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.