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(영문) 제주지방법원 2018.08.09 2017노639
폭행
Text

The defendant's appeal is dismissed.

Reasons

The gist of the defendant's appeal is as follows: although the defendant did not know about the left hand of D at the time of the instant case, the court below erred by misapprehending the facts and thereby affecting the conclusion of the judgment; and the punishment (one million won) sentenced by the court below is too unreasonable.

However, according to the evidence cited by the lower court, such as D’s statement, the Defendant’s assertion of misunderstanding of facts is without merit, and considering the various circumstances, which are the conditions for sentencing as indicated in the instant case, the Defendant’s sentence is too unreasonable, and thus, the Defendant’s argument of sentencing is without merit.

Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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