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(영문) 서울중앙지방법원 2013.11.28 2013노3273
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one million won of a fine) is too unlimited and unfair.

2. There are extenuating circumstances such as the fact that the Defendant’s decision on the grounds for appeal reflects the wrongness of the Defendant, and that economic circumstances are difficult.

However, the Defendant committed the instant crime in spite of the fact that the Defendant had been punished several times for violent crimes, and did not agree with the victims, and there is no change in the circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and in full view of other various circumstances that form the conditions for the argument and the sentencing specified in the record of the instant case, including the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, the Defendant’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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