특수상해등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for four years.
1. The court below's scope of trial in this case dismissed the prosecution against the defendant as to the crime of assault among the facts charged in this case, and sentenced the remaining facts charged. Since only the defendant appealed against the guilty part and the dismissal of the above indictment is separated and confirmed, the court's scope of trial in this case is limited to the guilty part of the
2. Summary of the reasons for sentencing
A. In fact-finding the defendant only committed a little physical vagabonds with the victims, and did not assault the victim AF with bricks, etc. or harming the victim AG.
Nevertheless, the lower court found all of the facts charged guilty by misunderstanding the facts.
B. The lower court’s sentencing is too unreasonable and unfair.
3. Determination
A. As to the assertion of mistake of facts, the court below held that in full view of the following circumstances: (i) the victims have consistently stated the damage as stated in Paragraph (10) of the crime in the judgment of the court below from the investigative agency to the court of the court below; (ii) the victims' statements are not capable of making a statement without direct experience due to a considerable specific and natural scambing; and (iii) the victims cannot find any motive to make a false statement to the defendant; and (iv) the victims can sufficiently recognize that they have suffered injury as stated in the judgment of the court below, in addition to the circumstances stated in the judgment of the court below, the evidence duly adopted and examined by the court below is just and acceptable; and there is no error of mistake of facts alleged by the defendant.
This part of the defendant's assertion is without merit.
B. As to the assertion of unfair sentencing, the Defendant was punished by imprisonment for one year due to the crime of destroying and damaging property.