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(영문) 서울동부지방법원 2019.08.23 2019노844
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a mistake of facts, the defendant only has a fact that he had a kitchen knife with D, but did not have a shoulder, and only has a view to having a view on the floor, and there was no fact that he had a view to getting a view of E from a view of a view of a view of a view or a loss of F.

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In light of the following circumstances revealed in accordance with the evidence duly adopted and examined by the court below, namely, the victims' statements are consistent from the investigation agency to the court below's court, and there is no inconsistency with the records in the medical examination report and the image of the victim's body immediately after the case, the defendant recognized the fact that the kitchen and the kitchen network are displayed, the defendant's body is not severe, and the defendant's body is not directly faced with the above victims, but it seems that it is sufficient for the above victims to have been displayed with the view to the above victims' body and the exercise of tangible force toward the victim's body, the judgment of the court below that recognized the special crime of assault and the special injury cannot be accepted, and the defendant's assertion of mistake of facts is justified.

B. As to the assertion on unfair sentencing, in full view of the arguments in this case and the reasons for sentencing indicated in the record, such as the Defendant’s use of force against the victims by displaying the kitchen knife and the camping room, and the victims were likely to feel a considerable fear of crime, and the risk of committing the crime is very large, and the victims did not receive a letter from the victims, etc., the lower court appears to have reasonably decided by fully considering all the circumstances, including the various reasons for sentencing asserted by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment should be changed.

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