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(영문) 의정부지방법원 2020.05.21 2018노3521
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that recognized the defendant as having committed an offense against the victim, even though the defendant merely set up the victim when he was in excess of the victim, is erroneous as affecting the conclusion of the judgment.

B. The lower court’s punishment of the Defendant (the fine of KRW 300,000) is too unreasonable.

2. Determination

A. In the investigation agency and the court of the court below, E stated in the investigative agency and the court of the court below that “I removed the body fighting between the defendant and the victim. The defendant was not unilaterally against the victim, and the victim was pushed the victim against it, thereby becoming a fighting.”

According to this, it is recognized that the defendant committed an act of threatening the body of the victim in the course of disputing with the victim.

B. In full view of the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, the sentence of the lower court is deemed appropriate.

3. According to the 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.

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