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(영문) 인천지방법원 2019.07.05 2019노321
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the crime of assault on the ground of the victim's statement and D, etc. although the defendant did not assault the victim, there is an error of misconception of facts and misapprehension of legal principles.

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

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant alleged not guilty of the same content, but the lower court convicted this part of the facts charged based on the evidence indicated in its judgment

Comprehensively taking account of the evidence duly admitted and examined by the lower court, the victim B appeared as a witness in the court of the lower court, and consistently stated that the Defendant did not see if the Defendant was at the time and time indicated in the facts charged, and there was objective evidence that is consistent with the victim’s statement on May 22, 2018, which was taken on May 22, 2018.

Therefore, there was a past divorce suit between the victim and the defendant.

It is difficult to reject the credibility of the statement made by the victim only with the fact that the divorce lawsuit is pending.

In light of these circumstances, the judgment of the court below is just and it does not seem that there was an error of mistake of facts or misunderstanding of legal principles as alleged by the defendant.

B. There is no change in circumstances that may consider the sentencing after the judgment of the court below regarding the assertion of unfair sentencing, and considering various sentencing conditions as shown in the records and arguments of this case, even if the circumstances alleged by the defendant as grounds for appeal are considered, the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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