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(영문) 부산지방법원 2018.01.19 2017노4000
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one month of imprisonment) is too unreasonable.

2. A favorable circumstance is that recognition of a crime and reflects the judgment, and the equality between the first head of the crime as indicated in the judgment of the court below and the case where the judgment is rendered concurrently is to be considered.

However, considering the fact that there was a history of criminal punishment several times for violent crimes, in particular, the crime of this case was committed without being familiar with the offender during the period of repeated crime, there is no special change in circumstances after the sentence of the lower judgment was made, and other various circumstances, which form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, sex, conduct, environment, family relationship, etc., it is difficult to view the lower court’s sentence as being too unreasonable.

Therefore, we do not accept the above argument of the defendant's above sentencing.

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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