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(영문) 서울남부지방법원 2016.08.12 2016노53
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant recognized each of the crimes of this case and is against the law, that the injured person is not subject to the punishment of the defendant due to the smooth agreement with the victim, that the injured person is not subject to the punishment of the defendant, that the person committed each of the crimes of this case under the influence of alcohol due to stress caused by the business depression at the time, and that it is hard to say that the hospital is hospitalized to receive treatment for alcohol dependence and that it does not repeat any crime again, the punishment sentenced by the court below (the imprisonment of eight months, the suspension of the execution of the sentence of two years, the observation of protection) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the following facts are revealed: ① the Defendant’s assertion that the nature of each of the crimes of this case is very poor in light of the background of each of the crimes of this case, such as exercising violence against the victim, etc. who was in an internal relationship with him without any special reason; ② the history of criminal punishment is 19 times; ② the period of criminal punishment is 7 times, the period of violent crime is 4 times, the period of criminal punishment is 4 times, and the period of non-licenseed driving is 1; ③ even before that period, the female, such as the crime of this case, was punished for the crime of injury by using violence; ④ the operation of a vehicle without a license even though the license was revoked due to drinking; ④ in light of these circumstances, it is doubtful whether the Defendant’s reflects or differs from the sentencing condition of the lower court; ⑤ The circumstances alleged by the Defendant are not different from the sentencing condition of the lower court; ⑤ The Defendant’s age, intelligence, environment, relationship with the victim, motive, means and consequence of the crime, etc.

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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