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The defendant's appeal is dismissed.
Reasons
1. The lower court, among the facts charged in the instant case, found the Defendant guilty of assault and assault, and found the Defendant guilty of intrusion, and dismissed the public prosecution without the prosecutor’s appeal due to only the Defendant’s appeal against the part guilty, became final and conclusive upon the lapse of the appeal period. Accordingly, the lower court’s judgment should be tried only for the convicted portion among the judgment below.
2. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.
3. It is recognized that the defendant has divided his mistake and agreed with the victim.
However, the defendant has a history of fine, suspension of execution, and punishment imposed on several occasions and has a history of being punished for the same crime during the period of repeated crime; the defendant committed the crime of this case during the period of repeated crime; the defendant was prosecuted for the crime of inflicting bodily injury upon the victim after the sentence of the judgment of the court below; and is currently pending in the appellate court after being sentenced for four months in the first instance court; there is no change in circumstances that may otherwise determine the age, sex, environment, motive, means and consequence of the crime of this case; and considering all the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case; it is not recognized that the sentence of the court below is too unreasonable.
Therefore, the defendant's assertion is without merit.
4. 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.