(영문) 서울남부지방법원 2013.04.25 2012노2021

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2013.04.25 2012노2021

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. There is no fact that there was an assault against the victim B of mistake of fact, and there was no desire for police officers D to speak by administration.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (fine 1,500,000) is too unreasonable.

2. Determination on the grounds for appeal

A. First of all, the determination of the misunderstanding of facts regarding the victim B's assault, and according to the evidence duly adopted and investigated by the court below, the defendant recognized the victim B's second part of this part by hand, and the defendant also recognized the victim B's second part of this part by the court below and the court of the party.

However, although the Defendant asserts to the effect that the act does not constitute violence, it refers to the exercise of tangible force against a person's body. As such, the Defendant committed assault as an exercise of tangible force against a person's body.

Therefore, this part of the defendant's argument is without merit.

Next, in light of the following facts, it is sufficiently recognized that the defendant submitted a written complaint that the victim D had expressed a desire from the defendant and made a statement at the police station, the defendant's wife B also stated that the defendant was a police officer dispatched to the site of this case, and the defendant also made a statement about the question whether the police officer would have expressed a desire to be a police officer after being investigated by the police station, and that the young people had a desire to be a police officer. However, the defendant made a statement corresponding to some facts charged. In light of the fact that the defendant made a statement corresponding to the above facts charged, it is sufficiently recognized that the defendant had expressed a desire to be a victim D, and that this part of the defendant's assertion is without merit.

B. The assertion of unfair sentencing.

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