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(영문) 부산지방법원 2018.01.26 2017노2530
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution regarding the assault among the facts charged in the instant case, and convicted the remainder of the facts charged, respectively, and dismissed part of the public prosecution for which the prosecutor did not appeal as to only the Defendant appealed the part of the conviction, became final and conclusive upon the expiration of the appeal period. Therefore, in the first instance court, the lower court should be tried only for the guilty part among the judgment below.

2. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for a period of ten months suspension, two years of protection observation, and one hundred and twenty hours of community service) is too unreasonable.

3. It is recognized that the defendant made a confession of all the crimes and repents his mistake.

However, considering the fact that the Defendant has been sentenced to a fine, suspension of execution, and punishment for several times and that there was a record of being punished several times due to drinking driving and non-licensed driving, that the blood alcohol concentration is very high by 0.15%, and that the Defendant’s age, sexual behavior, environment, motive, means and consequence of each of the instant crimes, and all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

4. 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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