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(영문) 부산지방법원 2013.07.04 2013노1184
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is only the fact that the victim gets her hand, and there is no fact that the victim her breast part was her chest, and even if not, the sentencing of the court below (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. First of all, according to the evidence duly admitted and examined by the court below, the defendant's assertion of misunderstanding of facts can be sufficiently recognized as having the fact that the defendant pusheded the victim's vessel with the victim's vision and took the chest back one time by hand as stated in the judgment of the court below. Thus, the above argument by the defendant is without merit.

B. Next, in light of the following: (a) the Defendant committed the instant crime without being aware of the fact that he/she had been punished as having inflicted an injury on the victim even before; and (b) the motive and circumstances leading up to the instant crime; (c) circumstances after the instant crime; (d) the Defendant’s age, character and conduct, environment, etc.; and (e) various circumstances constituting the conditions of sentencing specified in the records and arguments, including the records and arguments, the lower court’

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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