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(영문) 서울서부지방법원 2019.11.21 2019노1224
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. In full view of the favorable circumstances, such as the fact that the Defendant’s degree of special intimidation using scam is relatively not more severe, and the Defendant’s history of criminal punishment due to violent crimes appears to have been able to have been sentenced to criminal punishment, and the degree of fear of fear that the Defendant scam caused by the Defendant’s act. In full view of unfavorable circumstances such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s sentencing judgment cannot be deemed to have exceeded the reasonable bounds of discretion.

In addition, it is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances that it is unreasonable to maintain the sentencing of the lower court in the

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. 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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