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(영문) 대전지방법원 2016.03.18 2015노2292
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant was not guilty of assaulting the victim.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. The following circumstances are revealed by comprehensively taking account of the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts: (a) the victim has consistently stated the fact of damage from the investigative agency to the court of the lower court; (b) the description of the situation at the time is a concrete expression; and (c) the victim’s statement is not deemed to have been actually experienced; and (d) the lower court’s determination on the credibility of the statement

In light of the fact that there are no special circumstances to view, the fact that the defendant assaulted the victim as stated in the facts charged can be recognized.

The defendant's assertion of mistake is without merit.

B. It is recognized that the degree of assault of this case is relatively minor to determine the illegal argument of sentencing, and that the defendant has no same power.

However, in full view of the fact that the victim is punished, and other circumstances such as the motive, background, means and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s age, sex, career, and environment as shown in the pleadings of the instant case, it cannot be said that the lower court’s punishment is too unreasonable.

There is no reason to believe that the sentencing of the defendant is unfair.

3. 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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