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(영문) 대전지방법원 2016.11.17 2016노1149

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant was suffering from the misunderstanding of facts at the time of the instant case, there was no intentional damage to the defendant.

B. The sentence imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.

2. Determination

A. The following facts and circumstances found by the evidence duly adopted and examined by the court below in determining the assertion of mistake of facts: (i) the victim confirmed that the victim was damaged by more than two chairs, i.e., the victim: (a) discarded one of them; and (b) in the court below’s decision, one of them was damaged by attaching the tape; (c) according to the images of the site and the victim photograph, it appears that the victim was damaged; (d) the Defendant was in a dispute with the victim due to the pulmonary input during the period of time; and (d) the Defendant did not have all two of them if the victim was suffering from the victim; and (d) it appears that the victim was damaged by the victim’s damage to the degree of the victim’s assertion. In light of the facts stated in the judgment below, it is reasonable to deem that the Defendant damaged the victim as stated in the facts constituting the crime.

Therefore, the defendant's above assertion is without merit.

B. As stated in detail on the grounds of sentencing, the lower court’s judgment on the assertion of unfair sentencing was determined by taking full account of the overall circumstances regarding the sentencing of the Defendant, and it appears that it is within a reasonable scope, and there are no circumstances to be newly considered in the trial, and thus, it is not recognized that the lower court’s punishment is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.