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(영문) 서울남부지방법원 2017.12.21 2016노1944
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that a person who suffered damage to the gist of the grounds of appeal is not subject to the punishment of the defendant, and that the victim’s motive was first expressed, and that the case occurred in the course of shicking beer and shicking the beer's disease, the sentence imposed by the court below (two years of suspended sentence of imprisonment for August) is too unreasonable.

2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.

The fact that the injured person is not punished by the defendant is favorable to the defendant.

Although the victim threatened the defendant's side with the beer disease and faced with one another, the defendant committed a very dangerous act to the other party's body by causing the beer disease and the head of beer disease, etc. Nevertheless, the defendant is a question about whether his behavior is seriously against the other party's body by causing the injury to the victim, such as causing the injury to the victim, compensating for the damage to the victim, not having reached an agreement. Although the defendant had no criminal record, there was a history of being sentenced to the suspension of indictment as to the damage of property on March 2016, the court below's punishment is too unreasonable considering various sentencing conditions as shown in the records and arguments of this case, such as age, sexual conduct, environment, motive for the crime, etc.

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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