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(영문) 전주지방법원 2016.11.11 2016노1219
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim as stated in the facts charged.

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

2. Determination

A. The defendant asserted the same purport in the court below's determination of mistake, and the court below rejected the above argument by clearly explaining the judgment on "the summary of evidence" at the lower court's bottom. In light of the records, the judgment of the court below is just and acceptable, and there is no error of law of misunderstanding of facts as alleged by the defendant. Thus, the defendant's assertion of mistake of facts is without merit.

B. The fact that the Defendant had no record of criminal punishment prior to the age of 82, and the fact that the degree of the type of force the Defendant exercised is relatively minor is favorable to the Defendant.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant was pushed down with the breath of the victim by breath, and that the crime was committed by assaulting twice the threshold of the victim by hand, and that not only did not reach an agreement with the victim up to the trial, but also did not make any effort to recover from the damage.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, and environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable and inappropriate. Therefore, the Defendant’s assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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