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(영문) 서울남부지방법원 2017.08.11 2016노1408
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment with prison labor for three months and one year of suspended sentence) is too unreasonable.

2. The fact that the defendant's mistake is divided, and that the degree of damage is not much serious is favorable to the defendant.

However, in full view of the fact that there are multiple records of punishment for the same kind of crime, the fact that the victim wants to punish the defendant, the circumstances unfavorable to the defendant, and other factors of sentencing as shown in the argument of this case, including the defendant's age, sex, environment, circumstances of the crime of this case and circumstances after the crime, etc., the sentence imposed by the court below is judged appropriate, and is too unreasonable.

3. In conclusion, 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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