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(영문) 광주지방법원 2014.04.30 2013노2754
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for April, the suspension of execution for two years, and the second instance judgment: the fine of KRW 400,000) declared by the lower court is too unreasonable.

2. In full view of various sentencing conditions in the instant case, including the following: (a) the Defendant’s mistake is divided and against himself/herself; (b) the degree of damage is not serious; (c) the victims of the crime of destroying and damaging property of the second instance judgment agreed with the victims of the crime of destroying and damaging property; (d) the Defendant did not endeavor to recover the damage caused by the crime of assault and insult of the first instance judgment; and (e) the Defendant continued to commit the instant crime even though he/she had the history of criminal punishment due to

3. 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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