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(영문) 수원지방법원 2019.09.27 2019노3822

폭행

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The Defendant did not commit a misunderstanding of facts by cutting down a breath of the victim’s breath.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts is acknowledged as follows based on the evidence duly adopted and investigated by the court below, namely, ① the victim C made a statement at the site of the case that “the defendant exercised physical power,” and the investigative agency stated that “the defendant was sealed by sprinking him in his hand,” and the court of the court below consistently stated that “the defendant committed violence against himself.” The defendant stated in the court of the court of the court below that “the defendant was sealed by sprinking splet,” ② The victim’s photograph taken by the cell phone at the time of the case, ② the victim called “the victim’s knick knick kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn's body.

B. The lower court sentenced a fine of KRW 500,000 to the Defendant, taking into account the circumstances unfavorable to the Defendant and favorable circumstances.

In full view of the facts that are the conditions for sentencing in the trial, especially the fact that the victim clearly stated the victim's assault damage, the defendant did not reflect his/her mistake while denying his/her crime, the defendant did not make every effort to recover damage, the sentencing judgment of the court below exceeded the reasonable limits of discretion, or it is deemed unreasonable to maintain the judgment of the court below as it is.