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(영문) 인천지방법원 2020.04.17 2020노11
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, 40 hours of order to complete the course) by the court below is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(2) In light of the above legal principles, the Defendant’s act of indecent act and assault in this case, including the crime of indecent act by compulsion committed at the trial of the court below, appears to be recognized and against all the crimes of this case including the crime of indecent act by compulsion committed at the trial of the court below, and the Defendant’s act of indecent act and assault committed in favor of the Defendant, taking into account the circumstances favorable to the Defendant, such as the fact that there was no record of criminal punishment except for the punishment of a fine once due to the crime of assault. The crime of indecent act by indecent act and assault in this case committed in favor of the Defendant was committed by indecent act by compulsion of the victim G at the main point, and it was committed by the Defendant more than two hours thereafter, and the nature of such crime is not somewhat weak, taking into account the circumstances that the Defendant did not receive a letter from the above victim up to the trial of the court below, and taking into account the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., and other circumstances beyond the scope of discretion in oral sentencing.

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

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