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(영문) 의정부지방법원 2018.02.20 2017노3626
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (a year and six months of imprisonment, confiscation) on the defendant is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects the wrongness, and that the defendant suffers from alcohol and depression.

However, for a period of more than four months, the defendant assaulted four victims, injured one victim with dangerous objects, threatened two victims with dangerous objects, etc., and the quality of such crimes is not very good.

The defendant was unable to recover the victims' damage until the court of first instance.

The defendant has 15 or more criminal records for the same kind of crime.

There is a change in circumstances that would be different from the original judgment in the case of the other party;

subsection (b) of this section.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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