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(영문) 서울중앙지방법원 2016.02.04 2015노3288
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by misunderstanding the fact, did not take a bath against E or breathee, and did not breathe the breath in one time.

B. The sentencing of the lower court’s unfair sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the lower court’s determination that recognized the credibility of the witness E’s legal statement, which is a valuable evidence supporting the instant facts charged, is insufficient and acceptable, as such, to the extent that the lower court’s determination was followed by the lower court’s determination.

It is difficult to see that the court below's determination of guilty of the facts charged in this case is just and acceptable.

Therefore, the lower court erred by misapprehending the facts as alleged by the Defendant.

subsection (b) of this section.

This part of the defendant's assertion is not accepted.

B. Although there are circumstances that may be considered, such as the fact that the Defendant was treated as a light of knowledge disorder and is in Grade 5 disability, age, and economic difficulty, the lower court appears to have determined the punishment by reflecting all of the circumstances in the lower court, and there is no special circumstance to change the punishment in the first instance trial.

On the other hand, examining the facts that are not agreed with the victim, the circumstances after the crime, and other circumstances shown in the records and arguments, such as the character, conduct, career, environment, motive, means, and consequences of the crime, the sentencing of the court below is determined within reasonable and appropriate scope, and it is not deemed unfair due to excessive restriction.

Therefore, we cannot accept this part of the defendant's assertion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal for conclusion is without merit.

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