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(영문) 수원지방법원 2018.09.07 2018노4157
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three months of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to three months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts on which the sentencing was attached in this Court, in particular, the fact that the defendant had been punished as a single offense, that there was no agreement with the victim, and that the judgment of the court below exceeded the reasonable bounds of its discretion when comprehensively considering the fact that the defendant did not reach an agreement with the victim.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable, considering the following factors: the Defendant’s age, sex, family relationship, etc. after the instant crime.

3. 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 for conclusion is without merit.

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