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(영문) 부산지방법원 2018.11.30 2018노3437
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the facts charged in this case even though the Defendant did not assault the victim's head by hand. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (one year of the suspended sentence of 300,000 won) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts is acknowledged based on the evidence duly adopted and investigated by the court below, i.e., ① the victim stated in the investigative agency to the effect that “the defendant saw 1 to 1 to 1 to 1 to 200” (Evidence No. 6 pages), ② the shot G stated in the investigative agency to the effect that “the defendant made the victim 1 to 1 to 200” (Evidence No. 13 page), ③ the defendant also stated in the investigative agency to the effect that “the victim 1 to 200 to 200 to 200 to 300 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to 200 to

Therefore, the defendant's above assertion is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s judgment as the materials for new sentencing have not been submitted in the trial, on the grounds that there is no change in the conditions of sentencing compared to the lower court’s judgment, and in full view of the reasons for sentencing revealed in the present argument in the instant case, the lower court’

It does not appear.

Therefore, the defendant's above assertion is justified.

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