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(영문) 서울남부지방법원 2019.10.04 2018노1564

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was merely a misunderstanding of facts with B.

The Defendant did not commit any assault against D, and was unilaterally abused from B.

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

2. Determination

A. Compared to the fact-finding, B, and D consistently state from the investigation stage to the court of the court below that “the defendant was at the time when he was faced with D’s head while carrying the trial cost, and b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s b’s d’s b’s b’s d’s b’s d’s f’s f’s f’s b’

Therefore, the defendant's assertion of mistake is without merit.

B. Whether there is no change in the conditions of sentencing compared to the first instance court of unfair sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing is too excessive to exceed the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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.