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(영문) 서울남부지방법원 2018.01.11 2016노2219
폭행치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (as to the injury caused by violence), the Defendant, while fighting with the victim, prices the right side of the victim’s face immediately while fighting with the victim, and did not intentionally remove the victim from the floor.

Defendant

In addition, the part that found the victim guilty of the bodily injury caused by assault among the facts charged in the instant case is erroneous in the misapprehension of facts.

B. In light of the fact that the criminal defendant was old, that the criminal defendant was assaulted by the victim, that the defendant's health condition and economic situation are very poor, the punishment sentenced by the court below (2 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts (in particular, the head of the accusation, the death diagnosis report, and the upper part photo), the fact that the Defendant committed assaulting the victim by drinking the victim at the right face of the victim two times as stated in the facts charged, and destroying the victim’s hand over the floor by pushing the victim over the floor.

The defendant's assertion of mistake is without merit.

B. There is no special circumstance or change of circumstances that can be newly considered after the sentence of the lower judgment, except where the Defendant denies the crime of bodily harm caused by violence in the course of the judgment of the lower court as to the wrongful determination of the sentencing.

The Defendant did not agree with the victim or did not endeavor to recover from damage, even if the Defendant committed each of the crimes of this case by repeatedly sending assault and bodily harm to the victim and repeatedly letters that arouse fear and apprehension.

Other factors such as the defendant's age, sex, career, family relation, environment, motive, means and result of the crime, circumstances after the crime, criminal experience, etc. are favorable or unfavorable to the defendant, and all other factors of sentencing as shown in the records and arguments.

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