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의정부지방법원 2020.06.25 2019노2164
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight months of imprisonment, two years of suspended sentence, two years of probation, and eight hours of community service order) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). A favorable circumstance exists, such as the fact that the victim was not at the location of the injury due to the instant crime, and the fact that the Defendant appears to recognize and reflect the mistake.

However, considering the above circumstances, the lower court did not change circumstances that could be considered in sentencing after the sentence of the lower judgment.

In full view of the records of this case and all of the sentencing factors expressed in the trial process, such as the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., the sentence of the lower court is too unreasonable, even though the Defendant did not recover any damage, the Defendant committed another crime even though he had been punished several times due to violent crimes, and the Defendant committed another crime.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.