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(영문) 의정부지방법원 2020.04.02 2020노337
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged, did not have threatened the victim by carrying excessive, minor, kitchen, and kitchen knife, which are dangerous objects, such as in the indictment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The Defendant asserted the same purport as this part of the grounds for appeal even in the lower court’s determination of mistake of facts.

In light of the evidence presented in the summary column of the evidence in the judgment, the court below accepted the defendant's assertion and sentenced the defendant guilty on the ground that it is sufficient to recognize the fact that the defendant has threatened the victim by using excessive amounts of illness, kitchen and kitchen knife as stated in the facts of the crime.

According to the evidence duly admitted and examined by the court below, the defendant's excessive nature, illness, kitchen knife, which is a dangerous object, can be sufficiently recognized, and there is no error of misconception of facts that affected the judgment, such as the above grounds for appeal.

Therefore, the defendant's assertion of mistake is not accepted.

B. In light of the circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., as well as the conditions of the sentencing indicated in the records and arguments, such as the circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the court below’s decision on the allegation of unfair sentencing cannot be deemed to be unfair because the lower court’s

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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