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(영문) 서울남부지방법원 2018.11.20 2017노2064
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (six months of imprisonment, two years of suspended execution, and 120 hours of community service order) on the summary of the grounds of appeal is too unreasonable.

2. The judgment of the defendant appears to have committed the instant crime by contingency while he/she had a dispute over the way with the taxi engineer, and the sentencing reasons favorable to the defendant are the reasons for sentencing that he/she voluntarily surrendered after the day following the occurrence of the instant case.

However, in light of various conditions of sentencing, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstance after the crime, etc., the court below's punishment is too excessive and unfair, and thus, the defendant's above assertion is not justified. It is not reasonable for the court below to have determined the punishment in light of the following: (a) the defendant was not aware of his or her previous crime of violence, and was committed against him or her; (b) the court below was unable to receive a letter from the victim; and (c) the court below was determined by considering all favorable circumstances for the defendant; and (d) there was no other circumstance to reduce the punishment after the judgment below.

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.

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