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(영문) 부산지방법원 2013.07.12 2013노1307

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not assault the victims of mistake of facts.

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

2. The following circumstances acknowledged by the court below's decision on the assertion of mistake of facts and the evidence duly adopted and investigated by the court below and the trial court: (i) the victims asserted that the defendant had paid the drinking value in advance as shown in the facts charged in this case, and stated that the defendant was assaulted by the defendant during the punishment for the dispute; (ii) the reason why the police officer in charge was arrested the defendant who had escaped at the main point; and (iii) the defendant led to the occurrence of assaulting the victims by increasing the drinking value even though the police officer had paid the drinking value in advance before the investigation process and the trial of the court below; and (iv) the defendant made a statement on the statement of reasons for appeal of this case only in the statement of reasons for appeal, but the defendant argued that the victim was not guilty without any justifiable reason, such as the facts charged in this case, it can be sufficiently recognized.

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

3. It is recognized that the Defendant was under the influence of alcohol at the time of the instant crime, and appears to have committed contingent crimes, and that the victims did not actively seek the punishment of the Defendant.

However, the crime of this case is likely to be sentenced to a sentence more mitigated than a summary order (3 million won) by taking account of the circumstances favorable to the defendant, and all other circumstances, such as the defendant's age, environment, occupation, and family relation, where the case was committed by assaulting female victims, and the case is not less complicated, the defendant did not agree with the victims, and the defendant has a history of the same crime several times, and the court below seems to have imposed a sentence more mitigated than a summary order (3 million won).