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(영문) 서울남부지방법원 2019.11.29 2019노687

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Crimes of assault: The fact that there was assault with the victim, or that there was no assault by the defendant, thereby recognizing the fact of assault only by the statement of the victim.

Shebin injury: The injury of the victim is not caused by the act of the defendant.

Dor Contempt: The defendant's act does not constitute the offense of insult, inasmuch as he/she started to take the trial expenses first in the victim's side and take the bath.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below can sufficiently recognize the facts (the part concerning the offense of insult) that the defendant abusedd the victim's face by taking advantage of the victim's left hand (the part concerning the crime of bodily harm caused by violence) as stated in the judgment of the court below, and that the victim who was frighted by taking advantage of the victim's loss (the part concerning the crime of bodily harm caused by violence). The victim in the above verbal dispute, among the above dispute over the victim, referring to the victim's desire "

The defendant's argument about this is without merit.

(3) In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the allegation of unfair sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect the Defendant’s assertion of insult, in light of the factual basis acknowledged by the above evidence, the Defendant’s act does not constitute a justifiable act.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.

In addition to the circumstances indicated by the court below, no new circumstance exists to change the sentence of the court below, and the defendant's age, character, character and behavior.