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(영문) 서울동부지방법원 2019.01.10 2018노1385
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not assault the victim.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. The Defendant, in the lower court’s judgment as to the assertion of mistake of fact, has made the same assertion in the trial court, and the lower court found the Defendant guilty of the facts charged by comprehensively taking account of the circumstances acknowledged based on the evidence duly admitted and investigated.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and the judgment of the court below does not contain any error of mistake of facts as alleged by the defendant.

B. According to the instant argument and record on the assertion of unfair sentencing, the lower court’s punishment against the Defendant appears to have been appropriately determined by fully considering the various grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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