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(영문) 대구지방법원 2018.05.25 2017노5228
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not assault the victim as stated in the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The Defendant, at the lower court, made the same assertion as the grounds for appeal on this part, and the lower court rejected the above assertion in detail, following the summary column of the evidence, “as alleged by the Defendant and its judgment”.

Examining the above judgment of the court below in comparison with the records of this case, the judgment of the court below is just and it is erroneous in the misapprehension of law as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

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

B. Although there are extenuating circumstances, such as whether sentencing is unfair or not, the type of the Defendant’s exercise of force and the degree of damage caused by the instant crime, and the Defendant’s primary offender who has no record of punishment, etc., the lower court appears to have sentenced a sentence that has been reduced compared to the fine amount of the summary order by fully considering such circumstances.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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