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(영문) 부산지방법원 2013.12.20 2013노3230

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable to impose a fine of one million won imposed by the court below on the defendant.

2. It is recognized that the Defendant committed the instant crime with drinking alcohol and contingently, during a dispute with the victim due to noise between floors, and that the Defendant both recognized the instant crime and reflects his mistake, and that the Defendant is faced with an economic difficult situation as a recipient of basic living benefits.

However, the crime of this case is committed under the pretext of the defendant's resistance against the victim and assaulting the victim without the victim's consent, and the case is not less complicated, in light of the time at which the crime of this case was committed, or the defendant's speech and behavior at the time of the crime of this case, the degree of damage is not less easily agreed with the victim, and it is still not yet agreed with the victim, and the defendant has the record of punishment several times for the same crime even before and after the crime of this case, and all other circumstances that form the condition of sentencing as shown in the records, such as the defendant's age, environment, family relationship, occupation, and circumstances after the crime of this case,

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal of this case 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.