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(영문) 서울동부지방법원 2015.10.08 2015노993

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not have committed a mistake of facts against the victim C and D by openly insulting them, assaulted the victim C and damaged property, and assaulted the police officer F.

Nevertheless, since the court below found all of the facts charged guilty, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The six months of imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination on the grounds for appeal

A. In full view of the evidence duly admitted and examined by the lower court regarding the assertion of mistake, the Defendant may sufficiently recognize the following facts: (a) the Defendant publicly insultingd the victim C and D by taking a bath, such as “the same female,” among many unspecified people in the Alley Park; (b) the victim C’s scambling and head several times in the same place; (c) the victim C’s scambling and head into the floor; and (d) the victim C’s 1 cellphone 6 cellphone cam, which was cited by the victim C, led the victim C to a liquid department by breaking the floor; (b) the police officer F who was sent after receiving the 112 report, who was under the care of the police officer F that he was not able to take a bath.

B. There are extenuating circumstances such as: (a) the Defendant’s determination on the assertion of unfair sentencing may lead to an excessive drinking while living together in a difficult situation due to business failure and divorce; and (b) resulting in the instant crime under the influence of alcohol; (c) the health conditions are not good due to high blood pressure and urology; and (d) the injury is not serious.

However, the Defendant had a record of being punished several times for the same crime as the instant case, and in particular, on November 15, 2013, the Defendant committed an assault during the period of suspended execution, which became two years of suspended execution due to the obstruction of performance of official duties, and was sentenced to a fine, and again during the period of suspended execution.