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(영문) 인천지방법원 2013.11.29 2013노2564
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding the defendant only committed an assault against the victim C, but did not assault the victim, and did not have any intent to commit an assault.

Nevertheless, the lower court erred by misapprehending the fact that it was guilty of assault among the facts charged in the instant case, thereby affecting the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence (2 million won of fine) against the Defendant is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. According to the evidence duly admitted and investigated by the court below, it is reasonable to view that the defendant has committed an assault against the above victim as stated in the facts of the crime in the judgment below, and that the defendant has the intent to commit an assault against the defendant.

B. Although the fact that the Defendant recognized the insult of the facts charged in the instant case as to the assertion of unfair sentencing is favorable to the Defendant, the following facts are considered: (a) each of the instant crimes was committed by the Defendant on the grounds that the said Defendant was punished by a fine as the case in which the said victim abusedd the said victim; (b) insulting the police officer dispatched upon receiving a report; (c) the nature of the crime is bad; (c) the Defendant did not agree with the victims; and (c) the Defendant did not take any measures to recover damage; and (d) it is difficult to see that the Defendant’s mistake is clearly divided by itself, such as denying the Defendant’s crime of assault; and (e) taking into account all the various sentencing conditions in the records and arguments, such as the Defendant’s age, happiness, family environment, and conditions before and after the crime

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

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