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(영문) 서울남부지방법원 2020.06.04 2019노892
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court found that it is difficult to recognize that the Defendant carried with him the fish fish, a dangerous object at the time of the time when the Defendant when he was at the time when he was at the time when he was at the time, guilty of the charge of special assault only

Since only the defendant appealed on the guilty portion, the judgment of the court below was separated and finalized.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unreasonable.

3. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court determined a sentence by taking into account the following: (a) the Defendant was a criminal record of the same kind; and (b) the Defendant committed the instant crime without being aware of it during the period of suspension of execution.

In addition, considering all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of the offense, and circumstances after the offense, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

4. 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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