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(영문) 서울북부지방법원 2017.07.20 2017노694
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

The defendant misunderstanding the summary of the grounds for appeal is only a fact that the injured person was involved in an anti-specing reaction by administering hot coffees with the inside of the defendant, and there is no violence on the injured person, and there is no fact that the injured person was injured by the steel rail.

Therefore, the judgment of the court below that found the Defendant guilty of the facts charged in this case on a different premise is erroneous and adversely affecting the conclusion of the judgment.

The sentencing of the court below's improper sentencing (1.5 million won) is too unreasonable.

According to the evidence duly admitted and examined by the court below as to the assertion of mistake as to the grounds for appeal, it can be sufficiently recognized that the ppuri defendant suffered bodily injury, such as the victim's chest at his/her own seat, and the victim's right side flick, caused the victim's chest at hand, and the victim suffered bodily injury, such as the right flick at the right flick, etc., for about five weeks of medical treatment. Thus, as long as the victim's chest at his/her hand constitutes violence and the victim's act was injured by the defendant's act as above, the crime of injury by assault is established against the defendant.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law as alleged by the defendant.

Although there are no circumstances that may be considered in light of the circumstances, such as the fact that the Defendant had no record of criminal punishment so far, the lower court’s sentence was rendered, based on the following circumstances: (a) there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment; (b) the victim suffers a relatively serious injury to the instant case; and (c) the Defendant’s age, sex, criminal conduct, environment, motive, background, means and method of the crime; and (d) other circumstances that form the conditions for sentencing specified in the argument and the record

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