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(영문) 울산지방법원 2017.04.13 2016노1340

폭행치상

Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. Although the Defendant was only a passive act of preventing a victim who intends to enter the office from entering the office, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of the instant charges.

B. The defendant guilty for an unfair sentencing

Even if the court below's sentence (500,000 won) imposed on the defendant is too unreasonable.

Judgment

A. Comprehensively taking account of the evidence admitted by the court below as to the assertion of mistake of facts, the defendant and B jointly committed violence against the victim as stated in the facts charged in this case and caused injury to the victim, and the defendant's act does not constitute legitimate defense or legitimate act, so the defendant's assertion of mistake of facts is without merit.

B. Circumstances favorable to the unfair argument of sentencing: The degree of assault exercised by the defendant is not too serious.

The crime of this case shall be taken into account the equity between the previous conviction of the first head as stated in the judgment of the court below and the concurrent crimes of the latter part of Article 37 of the Criminal Act.

Unfavorable circumstances: the defendant has three times of violence.

In full view of all the conditions of the arguments and the sentencing indicated in the records of the instant case, including the above favorable circumstances, unfavorable circumstances, the Defendant’s age and character environment, relationship with the victim, motive means of crime, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

In conclusion, the Defendant’s appeal is without merit, and thus, is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That it is evident that the “Article 257(1)” was omitted from the “Article 260(1) of the Criminal Procedure Act,” following the “Article 257(1) of the Criminal Procedure Act, so it is corrected to add it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.”