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(영문) 서울북부지방법원 2019.09.27 2019노1186
폭력행위등처벌에관한법률위반(상습상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both punishment and imprisonment) imposed by the lower court on the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial, and the lower court did not appear to have exceeded the reasonable scope of discretion, even when comprehensively considering the factors revealed in the arguments in the instant case including various circumstances considered in sentencing.

In particular, the fact that the defendant has been punished more than five times due to violence, including five times of punishment, re-offendered without being aware of the repeated crime even though he was in the period of repeated crime, and the fact that the victim who was assaulted was assaulted again to inflict serious bodily injury such as fingers, etc., or to exercise violence to fire fighters in the course of emergency medical services is not very good.

Therefore, the defendant's assertion is without merit.

3. As such, 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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