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(영문) 광주지방법원 2017.02.07 2016노4572
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

2. Although the Defendant assaulted the victim and was sentenced to a fine twice and a suspended sentence of imprisonment with labor, the period of suspended sentence has commenced, and the Defendant again assaulted the same victim only one month.

In addition, the defendant has been subject to punishment several times due to violent crimes, and it is inevitable to sentence the defendant as a sentence.

In addition, the victim is punished for the defendant, and there is no change in the sentencing conditions when it comes to the trial.

In addition to the above circumstances, the lower court’s punishment is only within the reasonable scope of discretion and is not deemed unfair because it is too unreasonable, in full view of various circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, and circumstances after the crime.

Therefore, the 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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