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(영문) 서울남부지방법원 2013.04.18 2013노31
폭행
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (500,000 won of fine) imposed by the court below against the defendant is too unreasonable.

Therefore, it is true that there are extenuating circumstances to consider the defendant, such as the following: (a) the defendant's mistake is divided; (b) the defendant has no power to commit a crime; and (c) some of the circumstances are taken into account for the crime of this case.

However, considering the fact that there is no agreement with the victim, the court below sentenced a fine of KRW 500,000 which has been partially reduced by 700,000 according to the summary order, taking into account the circumstances favorable to the defendant, and there is no special circumstance or change in circumstances that may be considered in the new sentencing after the sentence of the court below, and taking into account all other circumstances that form the conditions of the argument and the sentencing specified in the records of this case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., even if the defendant asserts as the grounds for appeal, it is not recognized that the sentence imposed by

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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