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(영문) 인천지방법원 2018.11.09 2018노2684
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court, among the facts charged in the instant case, rendered a dismissal judgment regarding the charge of assault and assault, and rendered a judgment of conviction as to the remaining injury, respectively, and appealed for the reason that only the Defendant appealed the judgment of the lower court regarding the guilty portion on the grounds that the sentencing was unfair.

Therefore, since the defendant and the prosecutor's rejection part of the public prosecution which did not appeal is separated and finalized by the expiration of the appeal period, the court shall decide only on the conviction part of the judgment below.

2. The reasoning for appeal is that the lower court’s punishment (4 million won in penalty) is too unreasonable.

3. The crime of this case committed against the defendant's wife has a significant impact on not only the defendant and the victim, but also his children. The court below recognized the crime of this case and did not have any criminal record of the same kind or suspension of execution or more. The defendant's assertion is without merit, considering the defendant's age, sexual conduct, environment, health conditions, economic circumstances, family relationship, motive, means and consequence of the crime of this case, and other various circumstances, which are conditions for sentencing as shown in the records and arguments, including the circumstances after the crime of this case, and there is no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the court below, and thus, the court below's punishment is too unreasonable since there is no reason to believe that the defendant's assertion is not justified.

4. The defendant's appeal is dismissed. It is so decided as per Disposition.

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