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(영문) 서울남부지방법원 2018.03.30 2017노2416
특수폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one hundred months of imprisonment) is too unreasonable.

2. The fact that the defendant does not have good health conditions and supports the mother is favorable to the defendant.

However, in full view of the past records and all of the sentencing conditions shown in the arguments and records of this case, including the following facts: (a) the Defendant did not have been sentenced to the C Hospital staff by threatening the C Hospital staff as dangerous articles in the past but did not commit the crime and committed again in a similar way during the repeated crime period; (b) all victims wish to punish the Defendant; (c) the method and degree of assaulting; (d) the Defendant’s criminal records; (e) the Defendant’s age, sexual conduct, occupation and environment; and (e) the sentence imposed by the lower court is deemed appropriate; and

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

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