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(영문) 창원지방법원 2019.06.20 2018노3050
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the defendant has exercised a tangible power to regard it as violence.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s evidence duly admitted and investigated as to the assertion of mistake of facts, namely, the Defendant recognized that there was a fact that the Defendant had been soil on the victim from the investigation stage to the court of the lower court (the 36th page of the evidence record), ② the statement of the victim and witness D also correspond to the facts charged in the instant case (the 11,24th page of the evidence record), the Defendant could recognize the fact that the Defendant had soil to the victim’s face, such as the facts charged, and assaulted the victim.

Therefore, the defendant's assertion of mistake is without merit.

B. The Defendant appears to have committed the instant crime in a contingent manner while making a final judgment on the assertion of unfair sentencing, or a dispute with the victim, and the degree of assault is favorable to the Defendant.

On the other hand, considering the fact that the defendant has been punished for the same crime, the defendant committed the same crime again for the same victim, the defendant did not agree with the victim, the fact that there is no change in the sentencing conditions compared with the original judgment because new sentencing materials have not been submitted in the trial, and other factors of sentencing as indicated in the argument of this case, such as character and behavior, environment, motive, means and consequence of the crime, etc. of the defendant, the punishment imposed by the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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