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(영문) 서울중앙지방법원 2018.07.27 2018노1298
폭행
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (two months of imprisonment) is too unreasonable.

Judgment

Although the Defendant is in conflict with the confession of a crime, the Defendant committed the same kind of crime again because he was sentenced to imprisonment with prison labor for the crime of injury and the crime of assault, etc., and the execution of the sentence is not completed one year after the completion of the sentence, other than that, the fact that the Defendant was punished for the same crime several times, the lower court’s sentence is within the scope of sentence recommended according to the sentencing guidelines, and other circumstances that form the condition of sentencing specified in records and arguments, the lower court’s sentence is too excessive and is not recognized as unfair, and thus, the Defendant’s assertion is without merit.

Therefore, 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.

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