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(영문) 서울남부지방법원 2014.05.29 2014노126
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding: The court below found the defendant guilty even though the defendant did not commit each crime as stated in the facts charged.

B. Unreasonable sentencing: The sentence of the lower court (two months of imprisonment, two years of suspended execution, one year of probation) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the court below acknowledged the fact that the defendant was flick lid, etc., which is a dangerous object, as stated in the facts charged of this case, and assaulted the victim's appearance and flick, thereby flicking it into a flick, etc., and damaged one flicker of the victim

Therefore, the judgment of the court below convicting each of the facts charged of this case is just, and there is no error of mistake of facts.

B. The Defendant and the victim have continued to dispute over civil and criminal disputes over the issue of boundary for a long time while living in neighboring areas, and the instant case also became an identical issue.

The Defendant committed the instant crime again despite having been punished several times against the husband (F) of the victim, in light of the content of the Defendant’s statement at investigation agency and court after the instant crime, the details of the Defendant’s statement at the investigation agency and court, and other various sentencing conditions shown in the records and arguments, it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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