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(영문) 울산지방법원 2015.01.09 2014노941
폭행
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In fact, the defendant was only aware of the victim's body and did not directly injure the victim's chest.

In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (the fine of KRW 500,000) is too unreasonable.

On the other hand, the court below rejected the above argument in the part on the "decision on the defendant's and his defense counsel's argument" in the judgment of the court below on the same ground as the reasons for appeal in this part. If the court below examined the above decision closely by comparing it with the records, the judgment of the court below which found the defendant guilty of the facts charged in this case is just, and it does not seem that there was an error of law of mistake of facts as alleged by the defendant, and thus, the defendant's assertion of

The Defendant’s instant crime on the assertion of unfair sentencing was committed on the part of the victim’s daily behaviors and parking problems within an apartment complex, and thus, the Defendant’s age, family relation, criminal record, relationship with criminal records, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, and circumstances after the crime, etc. are considered appropriate, and thus, the Defendant’s assertion of unfair sentencing cannot be accepted, in full view of all the sentencing conditions, including the Defendant’

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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