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(영문) 서울중앙지방법원 2013.04.04 2012노4173
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 800,00) by the lower court is too unreasonable.

2. There is no circumstance to consider the instant crime in light of the following: (a) the Defendant appears to have occurred in the process of punishing the victims and the students by taking the action; (b) the Defendant suffers economic difficulties as a recipient of basic livelihood security; and (c) the Defendant’s health is at the place where the Defendant is in need of continuous medical treatment.

However, on the other hand, ① even though the Defendant had been punished several occasions by drinking alcohol and using violence, the Defendant committed the instant crime by drinking alcohol and drinking alcohol, ② Nevertheless, the victims did not reach an agreement with the victims, and the victims did not appear to have been recovered. ③ The lower court appears to have sentenced the Defendant to a fine of KRW 80,000,000,000, which reduced the fine amount of the summary order by fully taking account of the above favorable circumstances, ④ there are circumstances such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, and there are no special circumstances or changes in circumstances that may be considered newly after the sentence of the lower judgment. In full view of the various circumstances, it is not recognized that the sentencing of the lower court is too unreasonable since the Defendant’s assertion is too unreasonable.

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

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