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(영문) 서울동부지방법원 2019.10.17 2019노848
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (unfair punishment) by the lower court (five months of imprisonment, two years of suspended execution, two years of probation) are too unreasonable;

2. The grounds for sentencing indicated in the argument and records of the instant case, namely, the Defendant sent the victim a letter of intimidation to the victim during his second investigation even after the Defendant committed assault and intrusion upon his residence, and thus, the nature of each of the instant crimes is not provided against the victim; the victim is punished; the victim is punished against the Defendant; the circumstance leading up to the occurrence of the instant crime and the circumstances after the commission of the crime, etc., the lower court’s sentencing seems to be reasonably determined by fully considering all the circumstances, including the various reasons for sentencing alleged by the Defendant; and there are no special circumstances to the extent that the Defendant changed the sentencing ex post facto, and therefore, the Defendant’s assertion of unfair sentencing is

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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