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(영문) 부산지방법원 2020.05.14 2019노2617
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) did not assault B of the victim.

The determination of punishment (700,000 won) is unreasonable.

2. Determination

A. The victim made a statement that corresponds to the criminal facts in the police as to the assertion of mistake of facts.

Each CCTV image photograph shall support the statement of the victim.

There is no error of law that affected the conclusion of the judgment by misunderstanding the facts in the judgment of the court below that the defendant was found to have been faced with the victim's chest, neck, etc. by hand, the brush, the brush, and the head.

B. The lower court rendered a judgment maintaining a summary order on the assertion of unfair sentencing.

The punishment seems to be determined by taking the criminal records, behavior patterns, etc. of the defendant as sentencing factors.

There is no change in sentencing elements in the appellate court.

Although the sentencing criteria are not applied to the case of a request for formal trial against a summary order, the sentencing criteria for the crime of assault and other factors of sentencing are reviewed again in this court, the sentencing criteria for the crime of assault and other factors of sentencing do not seem to be inappropriate.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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