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(영문) 서울남부지방법원 2012.12.27 2012노1705
폭력행위등처벌에관한법률위반(상습상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The crime under Article 2 (1) 3 of the Punishment of Violences, etc. Act regarding the Defendant’s assertion of unfair sentencing is defined as “limited imprisonment for a period of not less than three years” and in this case where there are no other grounds for statutory mitigation, the sentence of imprisonment with prison labor for one year and six months sentenced by the court below to discretionary mitigation is the lowest sentence that can be sentenced to the Defendant who is disqualified for the suspension of execution as a repeated offense. Thus, the Defendant’s above assertion is without merit.

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

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