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(영문) 서울중앙지방법원 2019.09.26 2018노2470
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts was unilaterally assaulted by D from D and did not constitute assaulting D, such as written in the facts charged.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant can sufficiently recognize the fact that he assaulted D as stated in the facts charged.

The defendant's above assertion is without merit.

B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle as to the assertion of unfair sentencing, requires respect for the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the sentencing conditions compared with the first instance court, and the sentencing of the

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). Examining the materials submitted at the trial court, there is no meaningful change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, the lower court’s sentencing against the Defendant is too unreasonable to have exceeded the reasonable scope of discretion.

The defendant's above assertion is without merit.

3. The defendant's appeal is dismissed.

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