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(영문) 수원지방법원 2016.08.19 2016노3002

특수폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not err by misapprehending the legal principles or assault the victims.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. According to the evidence duly admitted and investigated by the lower court on the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the lower court may recognize the fact that the Defendant assaulted the victims of a construction tool, which is a dangerous object as stated in the instant facts charged

Therefore, the court below did not err by misapprehending the facts or by misapprehending the legal principles, and the defendant's assertion is without merit.

3. In light of various conditions of sentencing, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of a crime, degree of damage, and circumstances after a crime, the sentence imposed by the lower court is too too unreasonable, and thus, cannot be deemed unfair.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.