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(영문) 서울중앙지방법원 2020.05.29 2020노518
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. The degree of assault and degree of damage are not much serious.

There is no good health condition, such as the defendant suffering from depression.

However, the defendant has been sentenced to imprisonment with prison labor for several violent crimes.

Moreover, after the completion of the sentence of imprisonment due to the same crime such as habitual assault, the crime has been repeatedly committed during the period of repeated crime.

In light of the fact that the defendant's attitude and the police officer's use of violence in the course of investigation to the district where the police officers are located, the nature of the crime is not easy.

The victims also want to be punished for severe punishment.

In the instant case, the Defendant was detained for committing the instant crime, and was subject to disciplinary action for 21 days of imprisonment by committing a violation of the discipline, such as taking the prisoner’s door as a hand or obstructing the prisoner’s living under confinement, without being aware of the offender’s life while living in prison, and committing violence against the employee.

In full view of all other circumstances, including the Defendant’s age, character and conduct, environment, criminal record and relationship, motive and background of the offense, and circumstances after the offense, it is not recognized that the lower court’s punishment is too unreasonable.

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 ground that it is without merit. It is so decided as per Disposition.

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