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(영문) 서울북부지방법원 2017.09.29 2017노1631
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time and place stated in the facts charged, did not stick the victim D’s chest or pressing the finger hand.

Defendant’s next table;

During the period of assault from F, the injured party who was assaulted by F would be in excess of the fighting to F.

Nevertheless, the court below erred by misapprehending the facts, thereby finding guilty of the assault part of the facts charged in this case.

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

2. Determination

A. According to the evidence duly adopted by the judgment on the assertion of mistake of facts and the statement in the investigation agency of the victim D with regard to the specific circumstances at the time, the fact that the defendant satisfe the victim's chest and satisfe the victim's finger hand over the victim's fingers can be sufficiently recognized.

The defendant's assertion of mistake is not accepted.

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.

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