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(영문) 인천지방법원 2014.12.26 2014노3251
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts merely assaulted the victim by threatening the victim C, and did not assault the victim as stated in the judgment of the court below.

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

2. Determination:

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, in particular C, the statement made by the investigation agency and the court below, etc., the defendant was sufficiently recognized as having assaulted the victim's chest only once due to the victim's traffic accident as stated in the judgment of the court below, since the defendant was making a trial due to the victim's traffic accident with the victim's C and made a drinking

B. In light of the background and content of the instant crime, etc., even though the Defendant had had had a history of criminal punishment on multiple occasions, the Defendant repeated the instant crime, and the nature of the crime is not weak in light of the circumstances leading to the instant crime, and other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, happiness, family environment, and circumstances before and after the instant crime, the lower court’s sentence against the Defendant is too unreasonable.

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

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