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(영문) 서울중앙지방법원 2019.05.16 2019노704
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than 10 months) by the court below is too unreasonable.

2. The Defendant, by recognizing each of the instant crimes, shows his attitude to repent of his mistake.

It seems that the health or economic conditions of the defendant are not good.

Defendant has family members to be supported.

The defendant's wife appeals against the defendant.

However, the degree of each of the assaults in this case is not weak.

The victim D is punished by the defendant, and the victim I did not recover the damage.

The Defendant has a past record of criminal punishment over twenty times (two times of actual punishment, one time of suspended execution, and seven times of fines). Among them, eight times (one time of actual punishment, and seven times of fines) are criminal records of the same kind as the crime of the instant assault, and two times of fines (one time of fines) are criminal records of the same kind as the crime of the damage to property of this case.

In addition, even if the defendant's age, career, character and conduct, environment, family relationship, social relation, motive and circumstance of the crime, method and consequence of the crime, etc. are added to all the sentencing factors indicated in the records and arguments, there is no new circumstance to deem that the sentencing conditions of the court below against the defendant have been changed in the first instance court, and it is not determined that the sentencing of the court below is too unfair because it exceeds the reasonable discretion.

Therefore, the defendant's above assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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