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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2018.06.12 2018노843
폭행
Text

The defendant's appeal is dismissed.

Reasons

The defendant is not aware of the fact that he is guilty of the grounds for appeal, and spits or spits are not spits by intentionally leading the victim only when he has spits or spits the cattle of the victim.

The punishment sentenced by the court below (the amount of 500,000 won) is too unreasonable.

Judgment

In full view of the circumstances revealed by the evidence duly adopted and examined by the court below as to the assertion of mistake, the victim made a brush between the investigative agency and the defendant to the court of original trial, etc., and made a statement that the defendant spits his shoulder into his face and chest. During that process, the credibility is recognized, such as where the statement is specific and consistent and the part in which the defendant has exercised violence against the defendant is recognized, and the defendant's investigative agency of India has spited it in the course of the dispute with the victim, and recognized the victim's shoulder part as the victim's shoulder on its floor (Article 12 through 14 of the evidence record). The fact that the victim spits the victim's shoulder as recorded in the crime can be acknowledged.

Although the judgment on the wrongful argument of sentencing is recognized as the victim first used violence against the defendant, the defendant is also subject to punishment of a fine of one million won for the reason that the victim exercised violence against the defendant, and in full view of the defendant's age, sex, environment, motive and background of the crime, means and method of the crime, and other circumstances that form the conditions of the argument and the sentencing indicated in the records of this case, such as the circumstances after the crime, it is not recognized that the sentence imposed by the court below is unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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