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(영문) 서울남부지방법원 2018.11.27 2018노1825
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination of the Defendant recognized the instant crime, and there are relatively minor circumstances such as the type of the use and the degree of damage.

However, the crime of this case was committed by the defendant by singing in both hands without any reasonable reason, and the liability for the crime is not weak.

Although the defendant has already been subject to criminal punishment several times due to the same crime, it is highly likely to be subject to criticism in that he/she has not been aware of it during the period of repeated crime and repeated crimes of this case.

The injury was not taken from the victim's position.

The judgment below

There are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence.

In addition, the lower court’s punishment is too unreasonable, considering the following factors: (a) the Defendant’s age, sex, family environment, background of the crime, mode of crime, and circumstances after the crime; and (b) all of the sentencing circumstances revealed in the instant records and theories.

Therefore, 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.

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