logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.05.19 2019노1767
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (two months of imprisonment, two years of suspended sentence, two years of probation, and proof of alcohol) of the court below against the defendant as to the summary of the reasons for appeal (unfair punishment) is too unreasonable;

2. The lower court determined that the Defendant’s punishment and incidental disposition are imposed on the Defendant in consideration of the fact that the Defendant had been punished several times of violent crimes, taking into account the favorable circumstances in favor of the Defendant, and the Defendant appears to require medical treatment for proof of alcohol in light of the alcohol-type habiting habits.

However, there is no change in the sentencing conditions compared with the original judgment because new sentencing data have not been submitted in the trial after the sentence of the lower judgment. Considering the following as a whole: (a) the Defendant’s use of violence against a female cood salesman during the period of leaving the cood salesman, and other factors of sentencing as shown in the proceedings of the present case, such as the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, the sentencing of the lower court is too heavy; and (b) furthermore, the lower court’s disposition imposing probation and medical treatment order on the Defendant is likely to repeat violent crimes in drinking conditions, and thus, is deemed appropriate.

Therefore, the defendant's assertion is without merit.

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.

arrow