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(영문) 대전지방법원 2018.07.20 2017노3473
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The act of spiting or spiting facts, misunderstanding the legal principles, the victim and the misunderstanding of the dispute is a punishment, and there is no intention to spit or spit.

B. The sentencing of the lower court’s unfair sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The Defendant asserted to the same effect as the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal doctrine.

The court below rejected the defendant's assertion on the basis of the legal statement and the evidence submitted by the prosecutor.

In light of the evidence duly adopted and examined by the court below, the judgment of the court below is justified.

The defendant's assertion of facts cannot be accepted.

B. It is desirable to respect the sentencing conditions of the lower court in cases where there is no change in the conditions of sentencing compared to the lower court’s determination on the unfair argument of sentencing, and the sentencing of the lower court does not deviate from the scope of reasonable discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, taking full account of the various circumstances regarding the sentencing of the Defendant into account, determined a punishment within a reasonable scope, and there is no circumstance to be newly considered in the trial of the lower court

Considering the circumstances in which the defendant asserts on the grounds of appeal, the sentence of the court below is too unreasonable.

The defendant's argument of sentencing is not acceptable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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