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(영문) 서울남부지방법원 2016.05.27 2015노1629

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to 2015, 2015, 1193, the victim C was sealed by the victim himself/herself, and the Defendant was at one time at the victim’s face, but there was no fact that the victim was shotd on the floor or was taken by the victim.

2) 2015고 정 1194호와 관련하여 피해자 E가 먼저 피고인을 쳐다보고 깔깔대며 웃었고, 피고인의 경고에도 불구하고 멈추지 않아 피고인이 1대 때린 것이다.

B. The sentence of the lower court (an amount of KRW 5 million) which is unfair in sentencing is excessively unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, in particular, the fact that the Defendant led to the confession of all the facts charged at the lower court, etc., it may be sufficiently recognized that the Defendant assaulted the Victim C and inflicted bodily injury on the Victim E, as stated in the facts charged No. 1193 and No. 1194, 2015, 1194.

B. Review of the record on the wrongful argument of sentencing reveals that ① the Defendant appears to have no economic surplus at present.

(2) However, in full view of the following circumstances: (a) the Defendant had been punished by a fine for assault or bodily injury on several occasions during the past years; (b) the Defendant again committed the instant crime; (c) the Defendant did not pay any damage to the victims; and (d) the Defendant sentenced to a fine lower than the sum of the fines imposed by the two summary orders issued at the first instance court (70 million won); and (c) other circumstances that form the condition for sentencing, such as the background, means, consequence, and circumstances after the instant crime, the sentence of the lower court cannot be deemed to have been too unreasonable.

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