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(영문) 서울서부지방법원 2017.01.19 2015노1357
폭행등
Text

The defendant's appeal is dismissed.

Reasons

The gist of the defendant's appeal is that the court below's punishment (1.5 million won penalty) is too unreasonable.

It is recognized that the principle of equity should be taken into account when the defendant makes a judgment concurrently with the crime of violating the Road Traffic Act (driving of Drinking) as stated in the judgment of the court below.

However, considering the fact that the defendant was unable to agree with the victim, that the defendant was punished several times of violence, that there was no change in circumstances in the trial of the defendant, and that there is no other factors of sentencing as shown in the arguments of this case, such as the defendant's age, sexual conduct, environment, the circumstances and result of the crime of this case, the circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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