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(영문) 서울북부지방법원 2017.05.26 2016노2072

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim D or threaten the victim E.

The defendant's statements in the court of original instance cannot be evidence of guilt in its purport, and the witness D and E's legal statements shall not be credibility because they are not consistent with the front and rear.

Nevertheless, the lower court erred by misapprehending the facts, thereby finding all of the charges of this case guilty.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Examining the legal statements of the victim D and E, which were present as a witness in the lower court’s determination on the assertion of facts, together with the written statements of the victim D’s accusation and the police statement of the victims, etc. prepared for a long time after the Defendant committed the instant crime, the Defendant cited a knife as stated in the facts of the crime in the lower judgment and threatened the victim E, and used the knife knife during the dispute with the wife D, and used the knife knife knife knife knife knife knife knife kn

Defendant’s assertion of mistake is rejected.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

We do not accept the defendant's unfair argument of sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.