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(영문) 서울서부지방법원 2016.04.07 2015노1850
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a very mental and physical weak condition under the influence of alcohol at the time of his assertion.

B. The Defendant asserts that the punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. According to the records on the Defendant’s assertion of mental and physical weakness, even though the Defendant was deemed to have drinking at the time, the Defendant was in a state of lacking the ability to perceive right and wrong of things or make decisions due to drinking, in light of the circumstances of the crime, means and methods, and the circumstances.

It does not appear.

Therefore, the defendant's mental and physical weak argument is without merit.

3. The fact that the defendant agreed with the victim of the crime of assault is recognized when the defendant judged the defendant's unfair argument of sentencing.

However, the defendant's past records of punishment of violence, etc. have reached six times.

In addition, the defendant was not a person who is under investigation and trial for the same crime and recommitting the crime.

Considering these circumstances, even though considering the circumstances agreed with some victims in the trial, the punishment of the judgment below is within the scope of the recommended sentencing guidelines.

In addition, considering the Defendant’s age, career, circumstances leading to the commission of the offense, method of punishment, records of punishment, and all other matters regarding the sentencing as indicated in the records and arguments of this case, the sentence of the lower court is within the scope of the sentencing discretion assigned to the lower court, and it cannot be deemed unfair because it is too inappropriate and too unreasonable.

Therefore, the defendant's improper assertion of sentencing is without merit.

4. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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