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(영문) 서울중앙지방법원 2019.08.30 2019노772
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event that the Defendant, as a result of a misunderstanding of facts, gets off the victim's breath while talking with the victim, he only saw the victim's head, and there was no fact that he saw the victim's right buck with the victim's right brea and the head of the breath, or applied the victim's head to the victim's hand

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Comprehensively taking account of the following facts admitted by the court below according to the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, and the circumstances inferred therefrom, the defendant's assaulted the victim, such as the facts charged in this case, shall be sufficiently recognized.

The defendant's assertion of mistake is without merit.

① The victim stated that, as consistent from the police investigation to the court below, the Defendant had the victim go beyond the body of the victim by making the victim go beyond the body of the victim in two hands, by putting the victim's right hand at one time with a hand, with the victim's right hand.

② At the time of police investigation, the Defendant: (a) was aware of the breath of the victim’s breath; (b) but was not at the time of the breath’s buck; (c) was partially aware of the buck; and (d) was punished.

Although it is not known that the number of the backs was equal, some of them were not used to take back, and he stated that he was in flabing, closely and closely, and that he was flabed.

The defendant's above statement is not consistent with the defendant's argument since the court below and it is difficult to view that the defendant actively denies the facts charged in this case.

3. In light of the fact that the Defendant actively denied the instant crime and did not reach an agreement with the victim, and that the Defendant was previous and previous, the lower court’s sentence cannot be deemed to be too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

4. The appeal by the defendant is justified.

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