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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) At the time of each assault committed, the Defendant did not assault the victims.
B) At the time of committing the crime of interference with one’s business on July 22, 2018, the Defendant only attempted to keep the beauty room’s master, and did not prevent the customer from entering the place.
C) At the time of the performance and obscenity crime, L was out of the part of the Defendant, because L was shakened and flow out by schering the Defendant.
2) At the time of committing the crime, the Defendant was in a state of mental or physical weakness or loss due to intellectual disorder.
3) The sentence of the lower court (one hundred months of imprisonment, etc.) that was unfair in sentencing is too unreasonable.
B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.
2. Determination:
A. According to the evidence duly admitted and examined by the court below, it is recognized that not only the victims of each of the crimes of this case but also witnesses who have witnessed them at the time of each of the crimes also made a statement to the effect that they correspond to the facts charged, the credibility of each of the statements made by the victims and witnesses can be recognized by mutual consent, and there seems to be no motive for the victims or witnesses to make a false statement.
Therefore, this part of the defendant's assertion is without merit, since it is recognized that the defendant committed assault, business obstruction, and performance obscenity as stated in the facts of crime in the judgment below.
B. According to the evidence duly admitted and examined by the court below, the defendant was found to have received a judgment of Grade III intellectual disability, but in light of the background leading up to the crime, the method and method of the crime, and the circumstances after the crime, etc., the defendant was in a state of having no or weak ability to discern things or make decisions at the time of the crime.
Therefore, the defendant's above assertion is without merit.
(c)
The argument of sentencing is unfair.