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(영문) 서울북부지방법원 2017.11.03 2017노1786
폭력행위등처벌에관한법률위반(상습상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not guide the place of crime on the date and time stated in the indictment.

D. There was no assault or injury as stated in the facts charged.

Nevertheless, the lower court erred by misapprehending the facts charged and thereby making a mistake of finding guilty of the facts charged.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined as to the assertion of mistake of facts, especially the victim D’s statement that the court below held as a witness, the defendant may fully recognize the fact that he/she has inflicted an injury by assaulting the victim as stated in the facts charged.

The defendant's assertion of mistake is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

We do not accept the defendant's unfair argument of sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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