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(영문) 수원지방법원 2019.06.05 2019노858

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault C as stated in the facts charged, and even though he was satisfing D’s chests, etc. by hand, he did not satch D’s left face by satisfing D’s bat, and did not assault D’s left face by drinking.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts is acknowledged based on the evidence duly adopted and investigated by the court below, i.e., ① the victim C consistently stated from the investigative agency to the court of the court below that “the defendant committed an assault against the victim, such as satisfing his fat, sating his fat, sating the chest, etc., and satisfing or pushingling the fat, etc.” ② The victim D also stated from the investigative agency to the court of the court of the court of the court below that “the defendant committed an assault by satisfing the Defendant’s face when satfat, sating the satfat, etc.” consistently from the victim D’s face, to the court of the court of the court of the court below. ③ The victim D also stated that “the defendant committed an assault by satisfing the victim’s chest, etc., with the victim’s chest, and there is no reason to make a false statement against the victim.

B. The lower court sentenced a fine of KRW 2 million in consideration of the circumstances unfavorable to the Defendant and favorable circumstances, etc.

In the trial, the conditions for sentencing are as follows. In particular, the defendant boomed the time expenses to the victims under the influence of alcohol and assault, and even though the nature of the crime is not weak, he does not recognize his mistake, and he does not recognize his mistake to the victims.