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(영문) 대전지방법원 2013.09.04 2013노549
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the crime of assault on the ground that there was no misunderstanding of facts against the victim.

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

2. Determination

A. Regarding the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly examined and adopted by the court below, namely, ① the victim made a concrete statement that “the victim was used in the land during the investigation stage from the investigation stage to the court below: ② the witness F and G made a statement to the effect that “the defendant and the victim were satisfing, pushed down, pushed down, pushed down, and pushed down,” and the victim goes beyond the victim together with the victim,” and the defendant also made a statement to the effect that “the victim was satisfing, pushed down, pushed down, and pushed down.” At the time of the instant case, the defendant also made a statement to the effect that it was consistent with the victim’s statement. At the time of the instant case, the victim called the victim to resolve the defect in order to enforce a compulsory execution against the Defendant’s vessel, but it was sufficient for the victim to commit the Defendant’s crime due to the situation where the victim was satisfyed, and there was sufficient reason to acknowledge the above facts.

B. We examine the argument of unfair sentencing, examine all the circumstances, including the defendant's age, character and conduct, environment, and circumstances after the crime, etc., which are conditions for sentencing as shown in the records and arguments, by exercising violence against the defendant's minor dispute, which are not good in quality of the crime, the defendant's failure to agree with the victim, and the defendant's failure to agree with the victim up to the trial.

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