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Reasons
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(영문) 대구지방법원 2019.11.21 2019노2300
특수폭행등
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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim as stated in the facts constituting a crime, or carried a dangerous object, and did not do so.

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

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence examined by the court below as to the assertion of mistake of facts, the facts that the defendant used the victim as stated in the facts of crime or used the dangerous articles as a weapon can be acknowledged.

The lower court did not err by misapprehending the facts and adversely affecting the judgment.

1) The facts of the crime Nos. 1-A-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-B-S-B-B-S-B-B-S-B-E-S-S-A-B-E-S-S-S-A-S-A-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S.

B. The lower court’s judgment on the assertion of unfair sentencing is a condition for sentencing as stated in its reasoning.

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