(영문) 서울남부지방법원 2016.07.01 2016노781

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(영문) 서울남부지방법원 2016.07.01 2016노781

특수폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that recognized a special crime of assault against the defendant, although the defendant misunderstanding of the facts did not have the victim C's head because the victim got a glass cup, is erroneous in the misapprehension of facts.

B. The sentence of the lower court’s unfair sentencing (2 million won and 6 months of imprisonment) 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, especially C’s statement at the court below (the 89th page of the trial record), it can be sufficiently recognized that the defendant committed a crime as stated in the facts charged.

B. According to the record as to the wrongful assertion of sentencing, it is recognized that ① the victim C of the crime No. 1 in the original judgment expressed his/her intention not to have the criminal defendant punished (as to the trial record 93 pages), and that it is necessary to consider equity with the case of concurrent judgment with the case of obstruction of business by which the judgment of the defendant's judgment became final and conclusive.

② However, the Defendant’s history of criminal punishment has reached 28 times, which leads to violence crimes or interference with business among them, up to 20 times, the Defendant was sentenced to imprisonment for six months with prison labor due to interference with business, etc., and committed another crime under Article 2 of the judgment of the lower court again during the period of repeated crime, and the Defendant committed another crime under Article 2 of the judgment of the lower court, in full view of all other circumstances, including the circumstances leading to the instant crime, means, results, and circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

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

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