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(영문) 대전지방법원 2019.01.30 2018노3335
특수폭행등
Text

The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D. A person shall be punished by imprisonment for a term of three years.

Defendant

G.

Reasons

1. The court below sentenced the judgment dismissing the prosecution for each assault among the facts charged against Defendant D, and sentenced the remainder of the facts charged. Defendant D appealed only for the guilty part, and the prosecutor did not appeal the dismissal part, which became final and conclusive as it is. Thus, the scope of this court's judgment is limited to the guilty part among the judgment below.

2. Summary of grounds for appeal;

A. Defendant D1) Fact-finding of facts and misapprehension of legal principles that the Defendant assaulted the Victim AH, but there was no objective of retaliation. 2) The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

B. The punishment of Defendant G (one year of imprisonment) by the lower court is too unreasonable.

C. Each of the above forms of the lower court’s order is too unhued and unreasonable.

3. Determination

A. Although the Defendant also asserted the same purport in the lower court’s judgment as to Defendant D’s assertion of misunderstanding of facts and misapprehension of legal principles, the lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the evidence duly admitted and investigated, and rejected the Defendant’s above assertion on the grounds of detailed reasons in the part of “a summary of

In light of the following circumstances cited by the court below, which are acknowledged by the evidence duly adopted and investigated by the court below, that is, when the victim AH returned to the court of original instance and met the defendant, the defendant stated that he was her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

B. We examine the Defendant and the prosecutor’s assertion on unfair sentencing regarding Defendant D as well.

The defendant.

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