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(영문) 서울서부지방법원 2014.05.30 2014노413
폭력행위등처벌에관한법률위반(상습폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. The major point of the grounds for appeal is that the sentence of the court below is too heavy;

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant led to a serious reflection while making a confession; (b) the agreement with the victim G; (c) the fact that the Defendant committed contingent crimes under the influence of alcohol; and (d) the fact that the health

However, considering the fact that the defendant committed the crime of this case more than one time, the same repeated crime of this case is a victim F or H, the agreement with the victim F or H is not compensated for damage, and other factors such as the motive, means, circumstances before and after the crime of this case, the age, character and conduct, career, environment, and social relationship, the sentence of the court below is appropriate.

(1) The Defendant, at the time of each of the crimes of this case, appealed on the grounds of unfair sentencing on the date of trial after having appealed from a mistake of fact, misunderstanding of legal principles, or unreasonable sentencing, which was under the influence of alcohol at the time of each of the crimes of this case. According to the evidence duly adopted and investigated by the court below, the Defendant asserted that the Defendant appealed on the grounds of unfair sentencing. However, in light of the motive, means, and circumstances before and after each of the crimes of this case, it does not appear that the Defendant had weak ability to distinguish things

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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