(영문) 대전지방법원 2016.05.27 2015노3047 | 리걸엔진

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(영문) 대전지방법원 2016.05.27 2015노3047

폭력행위등처벌에관한법률위반(공동폭행)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant was not guilty of assaulting the victim.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, namely, ① the victim consistently met with the Defendant’s “therbing from the investigative agency to the lower court’s court.”

“The statement is made to the effect that the content is specific and reasonable, and the explanation of the situation is recognized as credibility. ② G in the court of original instance, “F when the victim was blick at the convenience store,” and both the Defendant and F when the victim was the victim.

In full view of the fact that “a statement was made to the effect that the content of the statement is specific, as well as that of the victim’s statement, the Defendant may sufficiently recognize the fact that the victim committed assault as described in the facts charged.

The defendant's assertion of mistake is without merit.

B. Although there is no history of the Defendant’s punishment exceeding the fine as to the wrongful assertion of sentencing, the crime of this case is not good to be committed jointly with the Defendant and the victim, the victim is punished, the lower court appears to have determined the punishment in consideration of the circumstances favorable to the Defendant, the lower court appears to have determined the punishment in light of the circumstances favorable to the Defendant. In full view of the motive, circumstance, means and method of the crime of this case, circumstances before and after the crime of this case, and other various circumstances, including the Defendant’s age, sexual behavior, career, environment, etc. as shown in the argument of this case, the lower court’s punishment is too unreasonable.

There is no reason to believe that the sentencing of the defendant is unfair.

3. The Defendant’s appeal is without merit and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act.

유사 판례

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