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(영문) 서울서부지방법원 2019.11.21 2019노499
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of 300,000 won) is too unreasonable.

2. In full view of the favorable circumstances, such as larceny, etc. as indicated in the judgment of the court below and the fact that the defendant should consider equity in the case of larceny, etc., and the defendant has the record of criminal punishment for the same kind of crime, unfavorable circumstances, such as the defendant’s age, character and conduct, environment, motive and circumstance leading to the crime of this case, and the circumstances before and after the crime, etc., the judgment of the court below cannot be deemed to have exceeded the reasonable bounds of discretion.

In addition, it is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances that it is unreasonable to maintain the sentencing of the lower court in the

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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