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(영문) 의정부지방법원 2020.10.14 2019노2641
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Pursuant to the foregoing legal doctrine, the instant crime was committed in laundry operated by the victim, and the victim has a verbal dispute with the victim.

The circumstances alleged as the grounds for appeal by the Defendant, such as the fact that the Defendant was a confession and rebuttal of his own crime and a contingent crime by taking a handphone over the victim’s face part, are considered to have been reflected in the grounds for sentencing. Nevertheless, there is no special change in the lower court’s punishment due to the lack of submission of new sentencing data at the trial, and other factors such as the Defendant’s age, character, character, environment, family relationship, circumstances after the instant crime, etc., and all of the sentencing factors indicated in the records and arguments, such as the Defendant’s age, character, conduct, family relationship, circumstance after the instant crime, etc. are considered, the lower court’s punishment is too excessive and it is not recognized to have exceeded the reasonable scope of discretion.

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

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