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(영문) 창원지방법원 2018.03.28 2017노3700

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant complained with the victim for a misunderstanding of facts, he had a larlar with the victim, there was no assault by the victim.

B. Sentencing (the sentence of the lower court: a fine of KRW 500,000)

2. Determination

A. As to the assertion of misunderstanding the facts, the lower court also asserted the same purport, and the lower court rejected the Defendant’s assertion in full view of the circumstances acknowledged by the evidence duly admitted and investigated, and recognized the fact that the Defendant abused the victim.

The decision was determined.

Examining the circumstances admitted by the lower court in light of the evidence of this case, the lower court’s determination is justifiable, and it erred by misapprehending the facts alleged by the Defendant.

It does not seem that it does not appear.

The defendant's assertion of mistake is without merit.

B. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court’s sentencing appears to have been reasonably determined by fully taking account of all the circumstances, including the various reasons for sentencing alleged by the Defendant, and there are no special circumstances to the extent that the said punishment is modified.

There is no reason to believe that the sentencing of the defendant is unfair.

3. 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.