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(영문) 서울중앙지방법원 2020.04.09 2019노3430
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (one million won of fine) is too unreasonable;

(2) On November 26, 2019, the Defendant filed an appellate brief on November 26, 2019, and asserted unfair sentencing as the grounds for appeal by asserting only mistake of facts as the grounds for appeal, but withdrawing a mistake of facts on the first day of trial. The above grounds for appeal are not legitimate grounds for appeal since the lapse of the period for filing an appellate brief. However, the foregoing grounds for unfair sentencing are examined in the meaning of requesting ex officio action. 2. On February 2, 201, the first instance court’s sentencing decision was judged to have been exceeded the reasonable scope of discretion, or the first instance court’s sentencing decision is deemed to have been inappropriate by comprehensively taking account of the materials newly discovered during the appellate court’s sentencing review process

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the foregoing legal doctrine, comprehensively taking account of the following factors, the Defendant’s criminal facts are recognized as a whole throughout the trial process and the various sentencing conditions indicated in the records and arguments, the sentence imposed by the lower court cannot be deemed unfair beyond the reasonable bounds of discretion, even in view of the fact that the Defendant’s criminal facts are recognized and wrong.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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