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(영문) 서울북부지방법원 2018.10.25 2018노1033
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal is too unreasonable.

The Defendant explicitly withdrawn the assertion of mental disorder on the first trial date.

2. There are no circumstances to consider the reasoning for appeal in light of the circumstances cited by the Defendant in the reasoning of appeal.

However, not only the crime of this case committed by the defendant who assaulted his taxi driver, but also the sentencing judgment of the court below which selected the fine in spite of the fact that the defendant was in the period of suspension of imprisonment due to the crime of this paper, was in excess of the reasonable scope of discretion.

It is difficult to evaluate.

In addition, even if all the sentencing conditions specified in the argument of this case, such as the character, conduct, family environment, economic situation, and circumstances after the crime, etc. of the defendant, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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