logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.08.16 2018노408
특정범죄가중처벌등에관한법률위반(운전자폭행등)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. The Defendant did not assault the victim.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

Judgment

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the fact that the Defendant abused the victim can be sufficiently recognized.

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

B. In full view of the reasons for sentencing indicated in the records of the instant case’s judgment on the unfair argument of sentencing, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various reasons for sentencing alleged by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment is to be changed.

Therefore, the defendant's argument that the above sentencing is unfair 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.

arrow