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(영문) 서울서부지방법원 2015.09.18 2015노1115

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to have the victim, who disregards the elderly at the time of the instant case, she was found to have only one straw of the victim with a view to having the victim's resistance and awareness, and there is no fact that the victim was committed three times as stated in the judgment of the court below.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated in the lower court’s judgment on the assertion of mistake of facts, i.e., (i) the victim stated in the investigative agency that at the time of the instant case, the victim made twice the victim’s bed twice at the time of drinking, and again made one time the victim was her bed, and there is no other circumstance that the victim might make a false statement because of the exaggeration of the instant crime, and (ii) the Defendant also recognized the fact that the victim committed assault at the time of the instant case, such as the facts recorded in the judgment of the lower court, it can be recognized that the Defendant used the victim as an assault.

B. B. Prior to the determination of the allegation of unfair sentencing, the Defendant had a record of having been punished several times for the same violent crime, the Defendant exercised violence on the ground that the victim did not answer his question without permission, and did not agree with the victim even thereafter, and the Defendant did not find at all the attitude of reflection that was serious because the Defendant reduced his own crime and only provided a vindication for his own act, and there was no change of circumstances that may be particularly considered in the trial, and the Defendant’s age, character and behavior, environment, the process and consequence of the instant crime, and all the sentencing factors indicated in the argument of the instant case, including the circumstances after the crime, are considered appropriate.

The defendant's above assertion is without merit.

3. According to the conclusion, the defendant.