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(영문) 부산지방법원 2013.12.31 2013노2986

폭행

Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts, although the victim alleged misunderstanding of facts voluntarily lost the center in the process of putting the Defendant’s belt down.

B. The lower court’s sentence on the ground of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, such as the court's statement in the court below's decision on the assertion of mistake of facts, the court below found the defendant guilty of the facts charged of this case on the ground that it is legitimate to find the defendant guilty of the defendant's assertion of mistake of facts since it is not reasonable to find the defendant guilty of the facts charged of this case since it is not reasonable to find the defendant guilty of the defendant's assertion of mistake of facts.

B. Although the Defendant’s judgment on the assertion of unfair sentencing had old age been punished for a crime of violence in the same kind for a long period of 30 years, without any punishment, and has been faithfully living, and the Defendant suffered from defoliants due to the participation in Vietnam and the health status is not good, there are no circumstances to consider. However, considering the fact that the Defendant denied the instant crime up to the trial and did not cause the victim’s death, the lower court’s sentencing cannot be deemed to be excessive, and thus, the Defendant’s assertion of unfair sentencing shall also be rejected.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it does not appear to be any part of the defendant's appeal, and it is so decided as per Disposition by applying Articles 191 (1) and 190 (1) and the main sentence of Article 186 (1) of the Criminal Procedure Act to the burden of litigation costs at the original judgment