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(영문) 서울남부지방법원 2018.12.11 2018노1512
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. There are circumstances such as recognizing each of the instant crimes and committing contingent crimes.

However, the defendant has already been subject to criminal punishment more than 50 times for violent crimes, and the criminal liability is very heavy in that he/she commits the crime of this case again during the period of repeated crime due to the same crime.

Moreover, until now, victims did not receive any doubt.

Since the defendant shows an easily violent tendency against others, is overcoming repeated crimes and criminal punishment for them, it does not seem that he is seriously against his personality and behavior.

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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