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(영문) 수원지방법원 2018.11.16 2018노6425
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to four months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the following facts: (a) the sentencing judgment of the lower court exceeded the reasonable bounds of discretion when comprehensively taking account of the following: (b) the Defendant had been already punished several times as a violent crime; (c) the Defendant committed the instant crime during the repeated crime period; and (d) the Defendant did not agree with the victim:

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unreasonable.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

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