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(영문) 인천지방법원 2016.11.23 2016노289
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (one million won of fine) is too large.

2. Although there are circumstances that may be considered in light of the circumstances, such as the fact that the defendant recognized his mistake, the crime of this case and the crime of final judgment at the time of original judgment should be considered in relation to the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, and the principle of equity in the case of concurrent crimes with the judgment at the time of original judgment, the punishment of this case is too unreasonable even if considering the above circumstances favorable to the defendant, considering the following factors: (a) there are many enemys who were punished for the same kind of crime; (b) no damage has been recovered to the trial; (c) there is no special change in circumstances after the decision of the court below was made; and (d) there is no other special change in circumstances after the decision of the court

Therefore, we cannot accept the defendant's above assertion.

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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