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(영문) 서울중앙지방법원 2020.11.06 2019노3943
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles and unreasonable sentencing)

A. The judgment of the court below that found the defendant guilty of the facts charged of this case, even though the defendant only made a fighting match with the victim B and did not assault the victim, is erroneous in the misapprehension of facts.

B. In light of the legal principles, even if the defendant had physically contacted the victim, this inevitably occurred during the process of maintaining order in the business place from the victim who duplicated, and guiding the victim outside of the business place, and thus, the defendant's act constitutes a legitimate act, but the judgment of the court below which found the defendant guilty is erroneous in the misapprehension

C. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. The court below made a mistake of facts and misunderstanding of legal principles as alleged above in the court below's argument that the defendant is identical to the above argument, and explained in detail the judgment of the court below as to the 20th to 3th to 13th to 20th to 3th to 3th to 13th to the judgment, and the grounds for the judgment. If the evidence of this case is closely compared with the records, the judgment of the court below is justified, and it is not recognized

Therefore, the above argument of the defendant is without merit.

B. In full view of the circumstances revealed in the grounds for sentencing and various sentencing conditions indicated in the record, the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion by excessively neglecting the lower court’s punishment.

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

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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