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(영문) 서울북부지방법원 2019.09.06 2019노988
폭력행위등처벌에관한법률위반(공동폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant of mistake of facts only made a dispute between the relative and the victim and did not assault the victim.

B. The lower court’s sentence of an unreasonable sentencing (1.5 million won by fine) against the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. The following facts and circumstances acknowledged by the court below's decision on the assertion of mistake of facts and the evidence duly adopted and examined by the court below and the trial court, namely, ① the victim made a statement that he was assaulted by the defendant from the investigation stage; ② the victim stated in the court below that "the defendant was at the price of head by drinking, flabing and continuing flabing," ② the victim's statement is not inconsistent with other evidence; ② the victim's statement is not inconsistent with specific and other evidence; ② the victim's intent that the victim does not want to be punished; ③ the victim's statement is credibility in the court below; ③ the victim's statement is confirmed; ③ the video at the time of the case is also confirmed (the video was taken at a certain point away from the place of the case, and some pages were taken by another person, but the victim's physical contact with the victim was clearly confirmed, and when the defendant repeatedly contacted with the victim at a speed, it is acknowledged that the victim was at the time of the assault, not in the process of the assault.

The defendant's assertion of mistake is without merit.

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and where the first instance court’s sentencing does not exceed the reasonable scope of discretion, it is reasonable to respect

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015).

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