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(영문) 대구지방법원 2017.07.12 2017노880

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was not guilty of assaulting the victim as stated in the instant facts charged.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim E has consistently made a statement from the investigative agency to the court of the court below to the effect that it was an assaulted by the defendant; ② the witness F also made a statement in compliance with the victim’s statement from the investigative agency to the court of the court of the court below; ② the witness F also made a statement in compliance with the victim’s statement; thus, the court below’s conviction of the facts charged in this case is just and acceptable; and there is an error of law by misconception of facts and affecting the conclusion of the judgment.

shall not be required to do so.

This part of the defendant's assertion is without merit.

B. Although there are favorable circumstances for the Defendant, such as the following: (a) examining the determination of the unfair argument of sentencing; (b) the Defendant’s health condition is not good for the aged; and (c) the Defendant seems to suffer from economic difficulties; (b) on the other hand, considering the circumstances leading to the instant crime; (c) the Defendant did not entirely reflect the mistake by denying the facts charged up to the trial; and (d) taking into account the following factors, such as the Defendant’s character, conduct, environment, family relationship, and circumstances after the instant crime, the sentence of the lower court is too unreasonable, and thus, the Defendant’s assertion on this part is not reasonable.

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