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(영문) 서울북부지방법원 2016.10.28 2016노873

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. The defendant did not assault the victim.

B. The lower court’s sentence of unreasonable sentencing is heavy.

2. Determination

A. We examine the assertion of mistake of facts based on the evidence duly examined and adopted.

The victim consistently stated each of the assaults of the defendant in the investigative agency and the original trial.

The credibility of the victim's statement is supported by the investigation report stating the contents of telephone conversations with a witness to the effect that the defendant and the victim were arrested in flagrant offender according to the witness's statement that the defendant and the victim were arrested, and the victim were able to have a high speech and dispute, and the body fighting was prevented by going close to each other.

The defendant's each assault was proved to the extent that there is no reasonable doubt based on the evidence.

The court below is justified in finding the defendant guilty of each of the charges of violence against the defendant.

B. Considering the various sentencing conditions stated in the record of the determination on the assertion of unfair sentencing, the lower court’s punishment cannot be deemed harsh, even in light of the various circumstances asserted by the Defendant as the grounds for appeal.

3. Conclusion, Defendant’s appeal cannot be accepted.