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(영문) 서울동부지방법원 2015.12.10 2015노1196
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both punishment and punishment) that the court below sentenced to the defendant is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant recognized all mistakes and repented, the circumstances leading to the instant crime are contingent, and the fact that the recipient of the basic living security fails to seek work and is economically difficult.

However, upon examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence, etc., the sentence imposed by the court below against the Defendant is appropriate, and its determination is not unreasonable, in light of the following: (a) the Defendant was punished by imprisonment with prison labor for the same or a similar crime; (b) the Defendant was not able to take a bath or assault the victims who could not enter the victims without any particular reason; (c) agreements with the victims or did not endeavor to recover from damage; and (d) the Defendant requesting formal trial upon receiving a summary order of a fine of KRW 3 million, which was issued by the court below.

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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