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(영문) 서울중앙지방법원 2014.04.18 2014노673
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not destroy a misunderstanding of facts, or assault the victim E, or take the face of a police officer.

B. The sentencing of the first instance court of unfair sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts, the Defendant’s assertion of mistake of facts is not accepted, since the Defendant committed violence, such as destroying the locker system after the victim’s church owned by the Diplomatic Association, and destroying the victim E’s face and clothes, etc., and the Defendant’s misunderstanding of facts can be sufficiently recognized.

B. On the assertion of unfair sentencing, considering the following circumstances: (a) the Defendant committed each of the instant crimes; (b) the relationship between the Defendant and the victims; and (c) the Defendant committed again the instant crime even though he/she had a criminal record of a same kind of crime several times; and (d) other various circumstances that form the conditions of sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the crime, the first instance sentencing against the Defendant is too unreasonable; and (b) the Defendant’s assertion of unfair sentencing is without merit

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

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