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(영문) 수원지방법원 2018.08.13 2018노2384
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (related to victim F) Defendant did not pluck up or assault the victim F’s fingers.

B. The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, such as the victim's testimony of each court below and D as to the assertion of mistake of facts, the defendant's assertion of mistake of facts in this part of the judgment below is without merit, since the defendant could sufficiently recognize the fact that he plucked up or plucked up the victim F's strict fingers to speak in a situation where another victim was committed by another victim.

B. It is favorable to the Defendant that the Defendant appears to have committed assault against the victim D with regard to the determination of the unfair argument of sentencing.

On the other hand, however, the crime of this case is committed by the defendant unilaterally assaulted the victim D, who is prone to the day, and the other victims who want to see it, and the nature of the crime is not less than that of the crime, and the defendant has been committed by the same kind of violence.

There has been no recovery of damage.

Considering the above circumstances favorable or unfavorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, it does not seem that the sentence imposed by the court below against the defendant is too unreasonable.

Therefore, there is no reason to believe that the defendant's above sentencing is unfair.

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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