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(영문) 서울중앙지방법원 2021.03.31 2020노3059
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Reasons for appeal

A. The Defendants did not jointly commit an assault against the victim.

B. The punishment of the lower court (a fine of KRW 300,000) is heavier.

2. Comprehensively taking account of the evidence duly adopted and examined by the lower court, such as the CD images as to the assertion of mistake of facts, the Defendants can fully recognize the fact that the Defendants committed assault against the victim.

The Defendants’ assertion of factual mistake is without merit.

3. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the Defendants were all considered in the lower court.

In light of the fact that there is no change in the sentencing conditions compared with the original judgment because new sentencing data have not been submitted in the trial court, and that the sentencing of the lower court exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable, in full view of the reasons revealed in the proceedings of the instant case.

It does not appear.

The defendants' argument of sentencing is without merit.

4. Conclusion, the Defendants’ appeal is dismissed on the grounds that it is without merit.

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