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(영문) 서울서부지방법원 2019.10.10 2019노627
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not have used violence against the victim as stated in the facts charged in mistake of facts. 2) The lower court’s sentence of unreasonable sentencing ( imprisonment for 8 months and fine for 600,000 won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In full view of each evidence duly adopted and examined by the court below and the court below as to the Defendant’s assertion of mistake of facts, the court below’s finding the Defendant guilty of the facts charged of this case on the grounds as stated in its holding is justified and there is no violation of law that affected

Therefore, the defendant's assertion of mistake is without merit.

B. As to the assertion of unfair sentencing by both parties, the defendant repeatedly commits the crime against the victim, and commits the crime of this case during the period of suspension of execution due to the crime of injury to the victim, the crime of this case is committed, and the defendant has been punished several times due to the crime of fraud, assault, obstruction of performance of official duties, etc. are disadvantageous to the defendant.

On the other hand, the fact that the victim expresses his/her intention to not punish the defendant over several times from the investigative agency to the trial is favorable to the defendant.

In full view of all of the above factors of sentencing, it is difficult to deem that the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

3. The appeal filed by the defendant and the prosecutor in conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

(However, since the judgment of the court below omitted the choice of punishment for the violation of the Punishment of Minor Offenses Act from among the "application of the law", "the choice of fine" is added to the above crime ex officio in accordance with Article 25 (1) of the Criminal Procedure Act.

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