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(영문) 대구지방법원 2017.10.18 2017노2807
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (700,000 won) that the court below rendered by the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is acknowledged that the defendant agreed with the victim that the injured person does not want the punishment of the defendant, but, on the other hand, the defendant has the ability to punish two times of a fine due to violent crimes, and the defendant has been subject to a disposition of suspension of indictment in the prosecutor's office for the case of spraying gas sprayers to the victim in the past. The court below seems to have imposed a fine reduced than the punishment of a summary order by considering the favorable circumstances of the defendant in the court below, and in addition, considering all the sentencing conditions of the defendant's age, sex behavior, environment, family relationship, etc. as well as the circumstances after the crime, the court below's punishment is too excessive and unfair. Thus, the defendant's argument is without merit.

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

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