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(영문) 서울중앙지방법원 2020.02.14 2019노1415
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (the factual error and inappropriate sentencing)

A. The victim of mistake of facts himself/herself turns back, and the defendant did not assault the victim.

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

2. Comprehensively taking account of the following facts and circumstances acknowledged in accordance with the evidence duly adopted and examined by the lower court and the lower court as to the assertion of mistake of facts, the Defendant’s assaulted the victim, such as the facts charged, is sufficiently recognized.

The defendant's assertion of mistake is without merit.

1. The victim stated in the court of the trial that the defendant committed an assault, such as cutting down the victim's chest, frighter, etc.

② According to the field CCTV images of the instant case, the following facts are recognized: (a) the Defendant’s abolition goes beyond the victim who returned to the lower part of the Security Department (hereinafter referred to as 00:38 parts of the image) and continuously assaults the victim, and (b) the Defendant was able to use it as a enormous kicker for the victim, thereby leading the victim (hereinafter referred to as 00:50 parts of the image).

3. In light of the fact that the Defendant alleged that the CCTV model, which is an objective evidence, was operated by the Defendant, and there was no resistance, such as denying the crime of this case, and that the Defendant was able to do so, the lower court’s punishment cannot be deemed to be excessively unreasonable.

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

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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