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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2020.01.16 2019노3119
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) imposed by the lower court is too unreasonable.

2. The extent of assault against the victim by the defendant cannot be deemed to be serious.

The Defendant recognized the instant crime and shown his attitude to repent of his mistake.

It seems that the health and economic conditions of the defendant are not good.

However, the victim maintains his/her intent to punish the defendant.

The defendant has been subject to criminal punishment on two occasions, and two times all of which are the same criminal records as the crime of this case.

In relation to the instant crime, the amount of the first fine imposed on the Defendant according to the summary order was KRW 2 million, but the lower court imposed only one million won, which is less than the above amount, and it seems that the circumstances favorable to the Defendant were considered.

In addition, even if the defendant's age, career, character and conduct, environment, family relationship, social relation, motive and circumstance of the crime, method and consequence of the crime, etc. are added to all the sentencing factors indicated in the records and arguments, there is no new circumstance to deem that the sentencing conditions of the court below against the defendant have been changed in the first instance court, and it is not determined that the sentencing of the court below is unfair because it goes beyond the reasonable discretion.

Therefore, the defendant's above assertion is without merit.

3. The defendant's appeal is dismissed on the ground that it is without merit.

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