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(영문) 수원지방법원 2016.05.20 2016노2044
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. It is true that the judgment defendant has conditions for sentencing favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects it, and the degree of damage suffered by the victims is not much serious.

However, even though the defendant was arrested as a flagrant offender after committing the crime, he was repeatedly arrested three times a day during which he was repeatedly arrested as a flagrant offender, the defendant's complaint that was arrested as a flagrant offender was found again, and the nature of the crime was extremely poor by obstructing duties, destroying, and preventing the crime of assault. The defendant had a record of criminal punishment for multiple violent crimes even before committing the crime in this case. In particular, the defendant committed the crime in this case without being aware of the fact that he was sentenced to one year of imprisonment with prison labor and was sentenced to one year prior to committing the crime in this case, and that the defendant did not recover or reach an agreement on damage to the victims, and other various circumstances, such as the defendant's age, sex, environment, family relationship, circumstances after committing the crime, etc., it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant and his defense counsel's above unfair sentencing 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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