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(영문) 울산지방법원 2017.11.10 2017노1100
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (five months of imprisonment, two years of suspended execution, and 80 hours of community service) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the judgment, the Defendant appears to have committed a contingent crime in the alcohol transport, and the victim does not want to be punished by the Defendant, and the Defendant appears to have the attitude to recognize and reflect his mistake, etc., are favorable to the Defendant.

However, in light of the motive, circumstances, etc. of the crime of this case, the crime of this case was committed against the victim while putting the victim out of the standing in the market on the ground of the report of the crime, and assaulting the victim, which is significant in light of the motive, circumstances, etc. of the crime, and the defendant has already been convicted of violence at least five times, including one suspended sentence, and there are other circumstances unfavorable to the defendant, such as the defendant's age, sexual conduct, environment, means and consequence of the crime, and the circumstances after the crime, etc., the court below's punishment cannot be deemed to be unfair because it appears that it is within a reasonable and appropriate scope.

Therefore, the defendant's above 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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