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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2020.08.13 2019노1656
특수폭행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) On May 8, 2015, the Defendant was not a sick person, but rather a sick person on the floor. Although the Defendant did not go beyond the victim and was going to do so on April 5, 2016, the lower court found the Defendant guilty of this part of the facts charged and thereby adversely affected the conclusion of the judgment. 2) The sentence of the lower court (one year of imprisonment and two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence (one year of imprisonment, two years of suspended execution) is too unhued and unreasonable.

2. Determination

A. The following circumstances revealed from the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts. ① The victim stated in the investigative agency that “the Defendant was able to view the Defendant’s children on May 8, 2015,” and that “the Defendant was able to gather two-way and golf strings on the part of the Defendant while taking a bath.” According to the photographs submitted by the victim, a golf strings on the apartment floor is taken. ② The victim stated in the investigative agency that “the Defendant was able to take the Defendant’s head / body / body / body flick on the ground floor, flick up on April 5, 2016, and flick up on the left body of the Defendant.” The victim was able to observe the part of the Defendant’s body on the left body on the day when the victim took a bath.”

The defendant's assertion of mistake is without merit.

B. If there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing by the defendant and prosecutor, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect

Supreme Court on July 23, 2015

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