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(영문) 서울고등법원 (춘천) 2013.11.20 2013노181

폭력행위등처벌에관한법률위반(공동퇴거불응)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant has not committed each crime in the judgment of the court below.

B. The sentence of the judgment of the court below on unreasonable sentencing (two years of imprisonment, three years of suspended execution) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts, and the defendant and his defense counsel also do not pluck up or pluck up the defendant's left hand of the victim R, and leave from the public officials of Chuncheon City.

Although the court below asserted that the defendant and his defense counsel did not have received the Gu, the court below found the defendant guilty of the facts charged by compiling the evidence duly adopted and investigated, and rejected the above argument on the grounds of detailed reasons under the title of "decision on the defendant's and defense counsel's assertion". Accordingly, it is sufficiently acceptable in the contents of the judgment of the court below, and therefore, as stated in the judgment of the court below, it stated that "the victim R has committed violence against the victim's left hand hand hand by cutting back the back hand of the victim's rat (the defendant was the defendant, and the person who was soon her mother was the defendant, and the witness's left hand finger was pling or pling the back of the witness's hand (the record of the court below 127 pages)." According to the results of the CD of the court below, it can be recognized that the defendant had promptly and half a son and son at the time."

[T, who is the general secretary and staff of the Chuncheon Viewing City, made a statement at the court of original instance that "after having entered the market office of the defendant or the disabled organization members, there are several times the enemy who called "after entering the market office of the defendant or the disabled organization members," and it can be sufficiently recognized that the defendant entered the market office at the time of CD reproduction according to the result of the court below's CD reproduction." Thus, the above argument by the defendant is without merit.

B. We examine the judgment on the assertion of unfair sentencing, and the motive of the defendant leading to each of the crimes in this case is the disabled persons.