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(영문) 수원지방법원 2019.05.10 2019노431
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged, the Defendant’s act of assaulting the victim in the misapprehension of the legal doctrine constitutes an act of passive restraint against the victim’s interference with legitimate assembly while photographing a photograph, and thus constitutes an act that does not contravene the social norms.

B. The sentence imposed by the lower court (one year of imprisonment, three years of suspended execution, community service, 240 hours) is too unreasonable.

2. Determination

A. The Defendant asserts that the misapprehension of the legal doctrine is identical to the content alleged in the lower court.

The court below rejected the argument by explaining the judgment on the argument following the application column of statutes.

In the judgment of the court below, based on the evidence duly adopted and examined, the following circumstances: (i) the place reported in relation to the assembly of this case is excluded from delivery to the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty

Therefore, this part of the defendant's argument is without merit.

B. The lower court sentenced the Defendant to one year of imprisonment, three years of suspended execution, and 240 hours of community service, taking into account the unfavorable circumstances and favorable circumstances.

When comprehensively considering the conditions of sentencing and the applicable sentences in the trial, the sentencing of the court below is assessed to have exceeded the reasonable bounds of its discretion, or the judgment of the court below is maintained.

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