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(영문) 수원지방법원 2018.07.09 2018노2547
상습폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Although there are circumstances favorable to the defendant, such as the fact that the defendant shows the attitude of recognizing and opposing the mistake, that the degree of violence is not very serious, and that the defendant should consider equity with the case of being tried together with a special assault for which the judgment became final and conclusive. However, there are many records of criminal punishment due to the same and similar crimes, and in the meantime, the defendant left to the crime of this case without being aware of the past even though he was prosecuted for the same and similar violent crime, and even though he was still under trial, it is difficult to expect the opening of the past.

As such, considering the fact that there is no change of circumstances that could reduce the sentence of the court below in the court below in light of the defendant's age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., the punishment of the court below is determined as appropriate and it is not unfair because it is too unreasonable.

The defendant's argument of sentencing is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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