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(영문) 서울동부지방법원 2017.07.21 2016노2132
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant claiming a mistake of fact has no fact that spits are spits into the vehicle in which the victim is, nor has he made a direct physical contact.

Nevertheless, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of the facts charged.

B. The sentence of a fine of KRW 2.5 million sentenced by the lower court is too unreasonable in light of all the sentencing conditions of the instant case’s allegation of unfair sentencing.

2. We examine the judgment on the assertion of mistake of facts, the evidence duly adopted and examined by the court below, and in particular, a thorough examination of the victim's statement, as shown in the facts charged in this case, the Defendant's spits, when threatening the victim, can recognize the fact that the spits are spits, the victim's face and clothes, and the act of spits or spits is deemed to constitute violence, since even if there is no direct physical contact with the victim, the act of spits or spits a spitsing a spits toward a person. Accordingly, the court below's judgment convicts

3. In full view of the following: (a) examining the determination of the unfair argument of sentencing; (b) the degree of psychological pressure of the Defendant’s commission of the Defendant’s commission of the crime; and (c) the Defendant’s attitude from the instant crime to the conviction; and (d) the reasoning of the instant argument and the reasoning of sentencing indicated in the record, the lower court’s sentencing seems to be determined appropriately; and (b) there are no special circumstances to the extent of changing

Ultimately, the defendant's argument of sentencing is without merit.

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

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