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(영문) 인천지방법원 2017.12.14 2017노2432
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (amounting to five million won) imposed by the court below is too unreasonable.

2. It is recognized that the Defendant’s judgment recognized and against the instant crime, and there are circumstances to consider the circumstance that the instant crime was committed while the victim was in dispute with the victim, and that the victim did not want the punishment of the Defendant by mutual agreement with the victim.

However, even before the instant case, the Defendant had been punished several times due to violent crimes, and the Defendant went to the instant crime without being aware of the fact that the crime was committed during the suspension period due to the obstruction of the performance of official duties, and the quality of such crime is not good, and the degree of injury suffered by the victim in the instant case is not less severe, and in full view of other various circumstances that are the conditions for sentencing, such as the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and the circumstances after the instant crime, etc., 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

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