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(영문) 울산지방법원 2017.12.22 2017노1381
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. The judgment shows the attitude of the defendant to reflect his mistake while recognizing the crime in the trial of the party, and the extent and scale of damage to each crime is not significant, etc. However, each of the crimes of this case is disadvantageous to the defendant, as the defendant committed assault by selling the victim's chest and shoulder, by taking the victim's chest and shoulder, by deceiving the victim, and by taking over approximately KRW 220,00 won from singing singing, by taking the victim's alcohol and food, etc., and by threatening the victim to receive the demand for payment of the above amount, as the two weeks in order to threaten the victim to threaten the victim, it is difficult to agree with the victims or to recover damage to the victims until the trial of the party, and the defendant has been punished once for the same crime.

In full view of the above favorable circumstances and other circumstances, such as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all favorable circumstances for the defendant, it cannot be deemed unfair because the court below’s punishment is too unreasonable. Thus, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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