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(영문) 인천지방법원 2019.01.09 2018노3398
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The scope of the judgment below in this Court is limited to the part of the judgment below which excludes the dismissal of public prosecution among the part of the judgment below, since the court below sentenced the dismissal of public prosecution as to the assault among the facts charged in this case, and only the defendant appealed as to the above part of the judgment below as to the conviction.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) imposed by the court below is too unreasonable.

3. In light of the following: (a) there is no change of circumstances to consider the sentencing after the judgment of the court below; and (b) taking into account the circumstances asserted by the defendant as the grounds for appeal, the sentence of the court below is too unreasonable even if considering the circumstances asserted by the defendant as the grounds for appeal.

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

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