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(영문) 서울북부지방법원 2020.05.28 2019노1788
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. As stated in the facts charged, the Defendant did not assault the victim by putting the clothes of the victim in good hands and making the head one time with a simple delivery, such as misunderstanding of facts. Rather, there was only the fact that the victim was pushed the Defendant.

B. The court below's sentence of unfair sentencing (the fine of 500,000 won) imposed on the defendant is too unreasonable.

2. Determination

A. The victim's statement in the investigative agency and court of the court below recognized credibility of the victim's statement in the determination of mistake of facts, and according to this, the defendant can recognize the facts that the victim abused as the facts charged. Thus, the defendant's argument

B. In light of the fact that the Defendant’s judgment on the assertion of unfair sentencing is old, the degree of violence is unhutiled, and denies the crime even when she walves facts, etc., the sentence imposed by the lower court is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. As such, 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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