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(영문) 서울북부지방법원 2018.10.05 2018노1394
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. The judgment of the victim J expressed the defendant's intention not to punish the defendant, and the defendant is against the defendant. However, the court below seems to have determined the punishment in consideration of the above favorable circumstances for the defendant. The defendant was sentenced to a fine for the same kind of crime, the defendant committed the crime of assault in this case again during the period of the same repeated crime, the victim E did not receive a letter of suspicion, there is no special circumstance or change that can be newly considered in sentencing after the decision of the court below, and all other sentencing factors such as the defendant's age, sex, family relation, motive, means and consequence, etc., the defendant's punishment imposed by the court below is not unfair, and the defendant's assertion is not accepted.

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

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