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(영문) 서울동부지방법원 2018.10.26 2018노875

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. The defendant does not inflict any injury on the victim.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below regarding the assertion of mistake of fact, the court below erred by misunderstanding the facts that the court below found the victim guilty on the ground that the victim's investigation agency and the court statement are consistent and three court statements and photographs witnessed the situation at the time also correspond to this.

shall not be deemed to exist.

B. According to the argument and record of the instant case’s determination of the unfair argument of sentencing, the lower court appears to have reasonably decided by fully considering the various sentencing grounds asserted by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.