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(영문) 서울북부지방법원 2016.08.19 2016노498

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. The Defendant did not have any criminal intent to acquire by deception, and did not assault the victim.

B. The punishment of the lower court is heavy.

2. Determination

A. According to the evidence duly examined and duly adopted by the judgment on the assertion of mistake of facts, the criminal intent of the criminal defendant and assault against the victim can be fully recognized.

B. When considering the conditions of sentencing as indicated in the records and arguments of the instant case regarding the determination of the illegality of sentencing, the lower court’s punishment is heavy to the extent that the conciliation in the appellate court is needed even if considering all the circumstances asserted by the Defendant on the grounds of appeal, such as the circumstance that the Defendant

subsection (b) of this section.

3. The defendant's appeal is dismissed without pleading pursuant to Article 364 (5) of the Criminal Procedure Act.