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(영문) 서울동부지방법원 2015.09.17 2015노703
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won imposed by the court below) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant recognized all of the crimes, and repented of the mistakes, and the fact that the instant crime was brought about contingently under the influence of alcohol.

However, on the other hand, the Defendant committed the instant crime without prejudice during the period of suspension of execution after being sentenced to imprisonment with prison labor for the crime of violation of the Narcotics Control Act in the Seoul Central District Court on May 16, 2013, the Defendant committed the instant crime without prejudice during the period of suspension of execution, as well as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., and other conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and behavior, environment, motive and consequence of the crime, circumstances after the crime, etc., are appropriate, and it does not seem unfair.

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

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