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(영문) 전주지방법원 2019.05.15 2019노222
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of assaulting the victim by spiting down spits against the victim, such as in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. The defendant argued the same purport in the court below, and the court below rejected the above argument in detail at the bottom of the summary of the evidence. In light of the records, the court below's decision is just and acceptable, and there is no error of law of misunderstanding of facts as alleged by the defendant. Thus, the defendant's argument of misunderstanding of facts is without merit.

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances favorable to the Defendant and the unfavorable circumstances, the lower court determined the sentence by comprehensively taking account of all the circumstances favorable to the Defendant, and there is no particular change in the sentencing conditions compared with the lower court on the grounds that no new sentencing data has been submitted in the trial. In full view of the various sentencing conditions indicated in the records and arguments in this case, the lower court’s sentencing is too unreasonable and thus, does not seem to have exceeded the scope of reasonable sentencing discretion.

Therefore, the defendant's assertion is without merit.

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

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