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(영문) 전주지방법원 2016.11.11 2016노1137
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court is too unreasonable.

2. The judgment that the Defendant recognized the instant crime and reflects the mistake, and that the degree of assault that the Defendant used at the time of the instant crime is not much serious is favorable to the Defendant.

On the other hand, the crime of this case is committed by assaulting to the right side side of the victim, who is his father, who is his father, demanding the payment of the drinking value at the main point of view, and thus, is not good. The defendant is already committed the crime of this case without being aware of the fact that he had been subject to criminal punishment (two times of suspended execution of punishment, and eight times of fine) for the same kind of crime, and the defendant does not reach an agreement with the victim up to the trial, and does not pay any effort to recover the damage therefrom.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, 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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