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(영문) 인천지방법원 2016.02.05 2015노4602

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit a crime identical to each of the facts stated in the lower judgment.

B. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances, which are acknowledged by the court below to have taken account of the evidence legitimately adopted and examined by the court below as to the assertion of mistake of facts, namely, the victims have made a statement at an investigative agency about the damage that corresponds to each of the crimes of this case, and there is no particular contradiction or sub-natural intelligence in each of the statements, and thus, the credibility of the statement is sufficiently acknowledged, the victims are not able to peep any circumstances that may harm the defendant's appearance, and the credibility of the submitted pictures, etc. is added to the victims' statements, and thus, the defendant's assertion of the above facts cannot be accepted.

B. It is recognized that the determination of the unfair argument of sentencing was examined, that appears to be a crime of mental and physical weakness, and that the individual injury for each crime is not serious.

On the other hand, however, the defendant denies the crime of this case when it comes to the trial for the first time, there is a history of punishment for the same kind of crime (Assault, theft, etc.), the risk of violence against unspecified persons is very serious, the defendant was unable to reach an agreement with the majority of victims up to the trial for the first time, the damage is not recovered, there is no change of circumstances that can be considered in sentencing in the trial for the first time, and all the sentencing conditions of this case, such as the defendant's age, sexual behavior, environment, circumstance and result of the crime of this case, and the circumstances after the crime, etc., are considered, and the court below saw the defendant for the first time.