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(영문) 서울동부지방법원 2014.07.25 2014노521
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (three million won of a fine) imposed by the court below against the defendant is too unlimited.

2. The judgment of the court below is against the defendant's wrong judgment, and it is hard to make a living as a basic livelihood recipient, and the defendant appears to have committed the crime of this case by contingency under the influence of alcohol, and the damage caused thereby are minor. However, the crime of this case is poor as a crime of insulting the victim even after the defendant was assaulted by the victim who was drinking at the convenience store under the influence of alcohol and was accompanied by the police box. The crime of this case is not poor as a crime of insulting the victim. The defendant has been punished eight times due to violent crimes in the last ten years, and the defendant has been punished eight times due to violence crimes in the last ten years, and has failed to recover damage to the victim or have not been used, other unfavorable circumstances such as the motive, circumstance, contents and method of each crime of this case, the circumstances after the crime, the age, character and conduct of the defendant, intelligence and environment, etc., the punishment imposed by the court below against the defendant cannot be deemed to be unfair. Thus, the above defendant's assertion is without merit.

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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