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(영문) 서울동부지방법원 2015.05.01 2015노120
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistake of facts, extending out to the victim at the time and place indicated in the facts charged in the instant case, but the Defendant did not contact the victim’s left buck due to another person’s met. As such, the Defendant did not commit assault against the victim.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. We examine whether the Defendant committed assault against the victim at the time and place stated in the facts charged in the instant case, and examine whether the Defendant committed assault against the victim at the place, among the evidence duly adopted and examined by the lower court, the testimony of E and F can be consistently believed and sufficiently believed. If we look at damaged front photographs and CCTV video CDs, the Defendant can sufficiently recognize the fact that the Defendant spawned with the victim’s left side by hand at the time and place indicated in the instant facts charged.

(A) Even if the Defendant, as the Defendant’s assertion, did not contact the victim’s left part, it is clear that the crime of assault is established under the Criminal Act by exercising the force against the victim’s body.

In light of the Defendant’s assertion of unfair sentencing as to the Defendant’s assertion of unfair sentencing, the degree of assault by the Defendant does not impose an emphasis on the Defendant’s assertion of unfair sentencing, but the victim provided the motive for the instant crime; however, considering the content of the instant act and the Defendant’s denial of the instant act up to the trial, and the fact that the Defendant did not have any doubt, the lower court’s sentence imposing a fine of KRW 500,000 on the Defendant is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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