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(영문) 서울동부지방법원 2017.05.19 2016노1520
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine that found the Defendant guilty of all the facts charged of this case on the basis of the victim’s statement with no credibility, although the Defendant did not assault the victim D or intentionally damaged the victim E’s bank.

B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of a fine of KRW 2 million imposed by the court below against the defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts and misapprehension of legal principles, the defendant did not have been aware of the fact that the defendant assaulted the victim D as stated in the facts constituting the crime in the judgment of the court below, and continuously prevented the victims from leaving the scene, and that the fact that the victim E was damaged can be sufficiently recognized in the process of continuously preventing the victims from leaving the scene, and that, in the event the defendant was forced to leave the victim's bank in the direction of the direction of the victim and the opposite direction, the s

Since the defendant seems to have the intention to damage property, it is also recognized.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. In full view of the following circumstances: (a) the Defendant committed the instant crime even though there were many criminal records of having been punished for violent crimes; (b) the Defendant denied the instant crime until the Defendant was in the first instance trial; and (c) the Defendant did not appear to have a strong attitude of reflection; and (d) the Defendant did not recover damage; and (b) other circumstances that are disadvantageous to the Defendant, such as the background and nature of the instant crime; (c) the Defendant’s age, career, sexual conduct, and the circumstances after the commission of the instant crime, and all other circumstances that are the conditions for sentencing as indicated in the instant records and arguments, such as the circumstances after the

Therefore, the sentencing of the defendant is unfair.

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