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(영문) 서울중앙지방법원 2017.10.13 2017노2902
폭력행위등처벌에관한법률위반(상습폭행)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The first deliberation punishment (one year of imprisonment) of the summary of the grounds for appeal (unfair sentencing) is too heavy or (one year of imprisonment) it is too heavy.

2. In the instant case where there is no change in the sentencing condition that is to be considered specifically for the first time in the appellate trial, the first instance court is difficult to view that the first instance court’s sentencing is too heavy or unreasonable as it goes beyond the scope of discretion, in full view of various circumstances, including the Defendant’s age, sexual behavior, environment, health condition, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.

3. If so, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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