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(영문) 서울남부지방법원 2018.05.17 2017노1861
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. The Defendant recognized the instant crime and opposed to the mistake.

The damage caused by the instant case is relatively less severe.

Since the crime of this case is in the relationship of concurrent crimes with the criminal record stated in the judgment and the latter part of Article 37 of the Criminal Act, it is necessary to consider the case and equity at the same time.

However, the crime of this case is a second assault of a victim on the ground that the defendant filed a complaint for a special injury to himself/herself, and is not a bad crime.

There are many criminal records against the defendant including the same crime.

Damage victims are punished for defendants.

The judgment below

There is no change in circumstances that will be considered in sentencing after the sentence.

In addition, when considering all of the sentencing circumstances shown in the records and arguments of this case, such as the defendant's age, sex, career, family relation, environment, motive, means and result of the crime, circumstances after the crime was committed, and criminal experience, the sentence of the court below 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.

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