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(영문) 의정부지방법원 2020.04.23 2019노458

폭행

Text

The defendant's appeal is dismissed.

Expenses of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Error of mistake does not constitute a crime of assaulting the victim’s balthm and hair, even if the victim’s balths were taken, it was not intended in the process of trying to escape from the victim’s assault.

(b) The imposition of a fine of one million won in the middle of the sentencing;

2. As to the assertion of mistake of facts, first of all, the lower court asserted that the Defendant was identical to the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion and convicted the Defendant of the facts charged on the grounds as stated in its reasoning

As a result of a thorough comparison of the judgment of the court below with the records, circumstances such as the time of original adjudication can be recognized, and there is no illegality of misconception of facts that affected the judgment, such as the reason for appeal.

This part of the defendant's assertion is without merit.

Next, the court below’s sentencing is acceptable in full view of the following facts: (a) the degree of violence does not focus on the assertion of sentencing and the circumstance in which the defendant has no same power as that of the defendant; (b) however, in full view of the fact that the defendant did not wear a shoulder to the dog on which the defendant was placed, and the conditions of sentencing under Article 51 of the Criminal Act are equally taken into account; and (c) the defendant’s assertion is unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. The court below's decision and the trial costs are to be borne by the defendant in accordance with Article 191 (1), Article 190 (1), and the main sentence of Article 186 (1) of the Criminal Procedure Act.