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(영문) 서울중앙지방법원 2019.08.23 2019노1827
특수상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Grounds for appeal;

A. Defendant 1 did not assault the victim B of mistake of facts. 2) The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the fact of assaulting the Defendant’s face at the time of drinking the victim B can be sufficiently recognized.

This part of the defendant's assertion is without merit.

3. There is no particular change in circumstances to consider sentencing after the judgment of the court below on the assertion of unfair sentencing by the defendant and prosecutor.

In full view of other circumstances that are the conditions for sentencing as shown in records and pleadings, even considering the various circumstances asserted by the Defendant and the prosecutor as the grounds for appeal, the lower court’s sentence is too heavy or unreasonable.

The defendant and prosecutor's assertion of unreasonable sentencing are without merit.

4. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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