(영문) 청주지방법원 2019.10.18 2019노228 | 리걸엔진

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Reasons

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(영문) 청주지방법원 2019.10.18 2019노228

폭행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is merely a fighting match due to a request for return of goods supplied by the victim and the victim, and there is no assault against the victim.

B. Of the sentencing department, the sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. In light of the following circumstances acknowledged by the evidence duly admitted and investigated on the assertion of mistake of facts: ① the victim has made a specific and consistent statement on the background and degree of assault caused by the assault of this case; ② The CCTV images of this case show that when the victim gets out of the object, it can be confirmed that the victim has committed an assault as to the victim’s left face by booming the victim’s brue in the future; ③ the defendant stated in the investigative agency as follows: ③ whether there was a fact of assaulting the victim at the investigative agency; ④ The defendant stated as follows: ④ “I have pushed the head by hand,” ④ In full view of the fact that the defendant stated as “I have not been able to dance his hand, but is recognized” as stated in the judgment of the court below, it can be sufficiently recognized that the facts of assault of the victim have been committed.

Therefore, the defendant's assertion of mistake is without merit.

3. In full view of the following circumstances: (a) after the punishment of a fine was imposed in 1999 on the assertion of unfair sentencing, there was no record of punishment for the same crime; (b) favorable circumstances such as the degree of assault is minor; (c) the victim wants to punish the defendant; (d) the defendant denies the crime by a defense that the defendant was unable to understand; and (e) other unfavorable circumstances, such as the defendant’s age, character and conduct, family relationship, environment, etc., and all the records and arguments, the sentence of the court below cannot be deemed to be excessively heavy beyond the reasonable discretion.

Therefore, the defendant's assertion of unfair sentencing is also justified.

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