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(영문) 광주지방법원 2016.09.08 2015노2970
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim at the time and place stated in the facts charged.

Nevertheless, the court below found the defendant guilty of the facts charged and erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 2,00,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, in particular, G and H’s legal statement in the lower court, the statement of H prepared by the judicial police assistant, investigation report (see, e.g., hearing of the counter-party telephone statement of the witnesses in the instant case), G and H consistently stated in the investigative agency and the lower court that the Defendant had a victim pushed the victim at the time and place specified in the facts charged, in the instant case.

In addition, there is no special evidence to suspect the credibility of the above statements.

Ultimately, in light of the above evidence, the defendant's argument is without merit, since the facts charged against the defendant are fully convicted.

B. The Defendant’s use of assault against the victim is relatively minor as to the Defendant’s assertion of unfair sentencing.

On the other hand, the following is disadvantageous.

As seen earlier, despite the fact that the Defendant sufficiently recognized the crime of assault, the Defendant did not seem to seriously reflect on the crime by making a false statement to the effect that he/she was aware of the fact that he/she did not assault the victim from the time of investigation to the time of this court, and that he/she was aware of the victim’s part of the victim and his/her wife.

There is no circumstance that the defendant has neglected the victim or endeavored to recover damage.

The defendant has a record of criminal punishment for crimes of violence, such as obstruction of performance of official duties, once, etc.

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