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(영문) 서울남부지방법원 2013.10.17 2013노1161

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the Victim C, as stated in the facts charged of this case.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (700,000 won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below found the defendant guilty of assault and assault as stated in the facts charged in this case.

Therefore, this part of the defendant's argument is without merit.

B. Although there are extenuating circumstances to consider some of the background of the instant crime, as seen earlier, the Defendant’s mistake is not properly divided despite being fully convicted of the Defendant, considering the circumstances favorable to the Defendant, and the lower court rendered a fine of KRW 7 million, which has partially reduced a fine by one million under the summary order by taking account of the circumstances favorable to the Defendant. There are no special circumstances or changes in circumstances that may be considered newly after the sentence of the lower judgment, and in full view of other various circumstances that form the conditions of the instant pleadings and the records, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., even if considering all of the circumstances alleged as grounds for appeal, it is not recognized that the Defendant’s punishment imposed by the lower court is too unreasonable.

Therefore, this part of the defendant's assertion 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. It is so decided as per Disposition.