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(영문) 청주지방법원 2017.12.14 2017노1240
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. Circumstances favorable to the defendant are as follows.

The Defendant confessions each of the crimes of this case, and is divided.

Some victims do not want to punish the defendant.

The bicycle speed gauge, which is a thief, was returned to the victim.

Circumstances unfavorable to the defendant are as follows:

The defendant committed the crime of damaging property, assault, insult, intrusion upon residence, and larceny against many victims for about ten months, and driving of drinking and unlicensed driving.

At the time of driving the instant drinking, the Defendant’s blood alcohol concentration reaches 0.276%.

The defendant was sentenced to a suspended sentence of imprisonment with prison labor in 196 for a crime related to violence of the same criminal, and was sentenced to a fine in 201, around 2013, and around 2015.

In addition, the defendant was sentenced to the suspension of the execution of imprisonment with prison labor in 2003 due to special larceny and non-licensed driving of the same criminal, and in addition, the defendant was also sentenced to the suspension of the execution of imprisonment with prison labor in 2002, around 2005, around 2005, and around 2010.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Defendant’s assertion is without merit.

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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