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(영문) 서울중앙지방법원 2015.08.21 2015노2114
폭행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts did not directly use tangible power, such as the victim’s occurrence of disturbance, the victim’s occurrence of disturbance, and the occurrence of a part of the house, but there was no direct use of tangible power.

(2) The sentence imposed by the lower court of unreasonable sentencing (2 million won of fine) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the defendant's assertion of mistake of facts, since it is sufficiently recognized that the defendant abuseds the victims as stated in the facts charged in this case, the court below's judgment of conviction is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant.

B. Considering the circumstances favorable to the Defendant, such as the circumstance and motive leading up to the instant crime and the degree of violence committed against the victims, etc., the Defendant’s favorable circumstances such as the suspension of the execution of imprisonment and fines for the same kind of crime, and the fact that the Defendant did not receive a letter of suspicion from the victim due to the agreement with the victims, etc., the Defendant’s unfavorable conditions and other circumstances that are the conditions of sentencing indicated in the records, such as the Defendant’s age, character and behavior, character, environment, occupation and family relationship before and after the instant crime was committed, it cannot be deemed that the Defendant’s sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit. Thus, all of the appeal filed by the Defendant and the prosecutor is in accordance with Article 364(4)

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