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(영문) 인천지방법원 2017.02.03 2016노5247

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. Although the judgment of the court below recognizes the facts of the crime and reflects the depth of the defendant, there are no circumstances to consider the circumstances leading to the defendant's occurrence of the crime in this case, the defendant can have been punished for the same kind of crime, the fact that the defendant committed each of the crimes in this case during the repeated crime period, the damage recovery or no agreement with the victim was reached, there are no special circumstances or changes in circumstances that may be considered in sentencing additionally after the decision of the court below was rendered, and there are other various circumstances that are conditions for sentencing as shown in the records, such as the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime. 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. It is so decided as per Disposition.