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(영문) 서울중앙지방법원 2021.01.13 2020노1394
폭행등
Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

Summary of Reasons for appeal

A. The Defendant is not aware of the fact that he had no fluorial relation with the victim’s arms. As such, cellular phone is irrelevant to the Defendant.

B. The punishment of the lower court (one million won in penalty) is unreasonable.

2. Determination

A. According to the evidence submitted in the legal statement and change theory of the witness G of the trial witness G in the judgment of the fact-finding argument, the defendant can sell the victim's arms and fully recognize the mobile phone's fact that fell from the floor. Therefore, the defendant's assertion of mistake is without merit.

B. There is no change in the sentencing conditions compared with the original judgment because a new sentencing data has not been submitted in the trial at the trial of the judgment party on the unfair argument of sentencing, and considering the reasons for sentencing revealed in the course of the argument in the instant case, the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

It does not appear.

The defendant's argument of sentencing is without merit.

3. The appeal by the defendant is dismissed on the ground that the appeal by the defendant is without merit, and it is necessary to judge whether the applicant's act of compensation influenced the occurrence and expansion of damages, and thus the scope of liability for compensation is not clear and thus the application for compensation by the applicant for compensation is dismissed.

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