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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2018.02.01 2017노1161
특수폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was aware of the victim E’s face by drinking it, was collected from the victim E to fit the body of the bridge, and did not depict the victim F’s fat.

B. The sentence of the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, ① the victim E at the investigative agency and the lower court that the Defendant was placed on the bridge when the Defendant was taking his face.

The victim F made a statement, and the victim F took the victim E with the face of the victim E, and the victim f took the victim E with his bather fat.

In full view of the facts stated in the judgment below, the defendant consistently stated the fact that the witness G's statement at the time also corresponds to the victim's statement. In full view of the fact that the defendant, like the facts stated in the facts of the crime in the judgment of the court below, he collected the victim's face from the victim E and collected it on the bridge part of the bridge, and sufficiently recognized the facts of assaulting the victims, such as trace of bombing the victim's length. Thus, the defendant's assertion of mistake is without merit.

B. It is recognized that the above victim E and the victim do not want the punishment of the defendant in the judgment of the court on the unfair argument of sentencing.

However, there are not only many records that the defendant denied the crime of this case and did not reflect his mistake, and there are many records of punishment for the same kind of crime, and even if the defendant was detained and was sentenced to a fine during the suspended period of the same crime, the crime of this case is going to the crime of this case, and the age, sex, environment, and the process and result of the crime of this case.

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