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(영문) 서울동부지방법원 2018.04.13 2018노59
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. The defendant is not guilty of assaulting the victim.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, ① the victim has consistently stated the part on the background of the assault since the investigation agency to the court, ② the witness at the time stated the same time as the victim, and ② the FG in the investigation agency and the court of the lower court, about the Defendant’s assault and the part thereof, and in addition to the photographs taken after the occurrence of the damage, the above statements are credibility.

Therefore, the court below did not err by misapprehending the facts charged, and the defendant's assertion is without merit.

B. According to the argument and record of the instant case’s judgment on the unfair argument of sentencing, the lower court appears to have been reasonably 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. Therefore, the Defendant’s improper assertion of sentencing is without merit.

3. In conclusion, the defendant's appeal is without merit, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act (Provided, That under Article 24 (2) of the Criminal Procedure Act, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is clear that the defendant's testimony of "the 6th act" under the second part of the judgment "

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