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(영문) 서울동부지방법원 2017.01.12 2016노1278
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution on the charge of assault among the facts charged in the instant case, and convicted the remainder of the facts charged. As the only Defendant appealed on the guilty portion, the part dismissing the public prosecution in the lower judgment was separated and finalized after the lapse of the appeal period.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of reasons for appeal;

A. In fact, the Defendant: (a) did not inflict any injury on the Victim F in the instant case No. 2015, 1270, 1270; and (b) did not assault the Victim H and F in the instant case No. 1334, 2015 and 1334, in collaboration with G; (c) the lower court convicted the Defendant by misunderstanding of the facts,

B. Even if the conviction of the sentencing is recognized, the sentence of the lower court (2 million won) is too unreasonable.

3. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant could inflict an injury on the victim F as stated in the facts constituting the crime in the judgment below, and find the facts that the victim H and F committed an assault jointly with G, and the defendant's assertion of mistake of facts is rejected.

B. In full view of all the circumstances, including the Defendant’s age, sexual conduct, environment, the process and result of the instant crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment is adequate and unreasonable, and it does not seem to be too unreasonable, in light of the following: (a) the Defendant’s history of punishment due to the act of violence; (b) the victim does not seem to have any light of the resistance to the instant crime; and (c) there is no effort to resolve the victims’ emotional harm.

4. Accordingly, 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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