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(영문) 서울중앙지방법원 2018.11.22 2018노2509
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles, the Defendant did not have committed violence, such as the entries in the facts charged, on the part of the victim, while making a dispute with the victim due to noise between the floor at the time of the instant case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts or misapprehension of legal principles, that is, the victim's consistent statement and damaged photograph, etc., the judgment of the court below is just, and there is no error of law by misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

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

B. Although the defendant denies the crime of this case and did not receive a letter from the injured party, taking full account of the following circumstances, such as the defendant's age, sexual conduct, environment, circumstances after the crime, and the result of the crime, the sentence imposed by the court below is too unreasonable, and the sentence imposed by the defendant is too unreasonable.

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

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.

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