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(영문) 서울중앙지방법원 2017.07.19 2017노1325

폭행등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. A prosecutor (misunderstanding of facts and misunderstanding of sentencing) 1) misunderstanding of facts (with respect to the acquittal portion), the victim consistently affixed a photograph, such as a negative book, without his consent.

Although the court below made a statement, it found the defendant not guilty of this part of the facts charged, the court below erred by mistake.

2) Undue sentence of the lower court is too minor.

B. The Defendant’s sentence is too heavy.

2. Determination

A. As to the prosecutor’s assertion of mistake of the facts, the lower court, on three occasions from October 11, 2015 to November 1, 2015, found that there is proof that there is no reasonable doubt as to the fact that the Defendant taken the victim’s chests, fluor, etc. in a mobile phone on three occasions, on the grounds of all the circumstances stated in the judgment of not guilty.

The court determined that it could not be seen.

In light of the records, the judgment of the court below on this part is just, and there is an error of law by mistake.

shall not be deemed to exist.

B. There is no change after the appeal by both parties on the unfair argument of sentencing, and considering all the circumstances described in the reasons for sentencing and all other conditions of sentencing as stated in the records, it seems appropriate that the sentence imposed by the court below against the defendant was made within the scope of the court’s discretion of sentencing, and that it is too heavy or less severe.

shall not be deemed to exist.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is all dismissed.