logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.01.17 2018노1220
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim of the mistake of facts and the obsation of motive, and the flusence attached thereto, but there is no assault against the victim.

B. The lower court’s sentence (one million won of fine) against the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the fact that the Defendant committed assault against the victim is sufficiently recognized by putting the victim’s breath and breath, etc. as stated in the lower judgment.

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

B. As to the assertion on unfair sentencing, the lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding the Defendant’s sentencing (a sentence that has been reduced by half the summary order) and did not find any circumstances that may be newly considered in the trial. Considering the circumstances alleged by the Defendant, the lower court’s sentence is unreasonable and unreasonable.

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

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

arrow