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(영문) 서울중앙지방법원 2015.01.15 2014노4353
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim as stated in the instant facts charged.

B. The lower court’s sentencing (the amount of KRW 500,000 of a fine) is too unreasonable.

2. Determination on the grounds for appeal

A. The evidence duly adopted and examined by the court below, and in particular, according to the victim C's testimony, the defendant's assaulted the victim as stated in the facts charged in this case. Thus, this part of the defendant's assertion is rejected.

B. In full view of the circumstances, including the fact that the Defendant is aged and the health of the Defendant is not good, damage recovery and agreement has not been reached, and the punishment determined by the lower court appears to have taken into account all favorable circumstances for the Defendant, and there is no change in special circumstances or circumstances that may newly be considered in the sentencing after the sentence of the lower judgment, the lower court’s sentence imposed on the Defendant does not seem to be unfair, and thus, the Defendant’s assertion on this part is not acceptable.

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

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