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(영문) 춘천지방법원강릉지원 2020.11.05 2019노573

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The Defendant was sentenced to a fine of KRW 4 million for each of the crimes (the crime of larceny and damage to property) as indicated in the judgment below, and was sentenced to the charges of assault, which is the facts charged in the case of the 2018 Godan368, and the insult and insult.

The defendant filed an appeal against the guilty portion of the judgment below, and each of the above dismissal parts of the public prosecution became final and conclusive because the prosecutor did not appeal against each of the above dismissal parts.

Therefore, the scope of the judgment of the court shall be limited to the conviction of the defendant's appeal.

2. Summary of the grounds for appeal (in fact-finding, misunderstanding of legal principles and unreasonable sentencing)

A. As to larceny in the judgment of the court below, it cannot be deemed that larceny is established since the defendant does not take advantage of the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her

B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

3. Determination

A. 1) According to the evidence duly adopted and examined by the court below, the defendant was found to have concealed alcohol on the inside of the part of the victim who suffered no injury on credit. The above argument by the defendant is without merit. 2) According to the evidence duly adopted and examined by the court below, it is not deemed that there was a situation in which the defendant had no choice but to destroy the glass on the grounds as alleged above at the time of the instant case.

3. Therefore, we cannot accept all the defendant's assertion of mistake and misapprehension of legal principles.

B. As to the assertion of unfair sentencing, the value of the stolen goods by the defendant is relatively large, and the victim.