logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.02.21 2018노1448
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim as stated in the facts charged, and did not breathe the Defendant under the influence of alcohol and did not breathe the Defendant so that he did not commit any act to ppuri.

B. The lower court’s sentencing (a fine of 1.5 million won) is too unreasonable.

2. Determination

A. The Defendant alleged the same argument as the grounds for appeal in the lower court, and the lower court rejected the Defendant’s assertion and found the Defendant guilty of the facts charged by explaining the specific grounds.

Examining evidence, the lower court’s determination is justifiable.

Although the defendant asserts that a witness has made a false statement between the victim and his child, there is no circumstance to suspect the relationship between the witness and the victim and the credibility of the statement.

Defendant’s assertion of mistake is not accepted.

B. The lower court determined the amount of fine by comprehensively taking account of the Defendant’s legal attitude, including the following: (a) the Defendant, while under the influence of alcohol, caused a trial cost by unloading the victim’s vehicle and assaulting the victim; and (b) the Defendant, beyond denying the commission of the crime, took the victim into action as a professional fraud without any grounds, to determine the amount of fine.

Examining the reasoning of the lower court’s sentencing in light of the instant evidence, it cannot be deemed that the lower court’s determination of sentencing goes beyond the reasonable bounds of its discretion, and there is no change in circumstances to deem that it is unreasonable to maintain it in the trial as it is.

The defendant's assertion of unfair sentencing is not accepted.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow