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(영문) 서울남부지방법원 2014.08.21 2014노865
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) mismisunderstanding of facts; (b) did not use a scambling of a bicycle chain on the victim’s part; (c) did not use a knife that knife a knife with the victim’s item; and (d) did not use a knife with the victim’s item; and (c) convicted the Defendant of each of the above parts

B. The sentence imposed by the court below on the defendant (two years of suspended sentence for eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, since it is sufficiently recognized that the defendant committed each crime listed in the facts charged in this case, the court below's judgment of conviction is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and his defense counsel.

B. Although there are circumstances to consider the Defendant’s motive to commit the instant crime on the assertion of unfair sentencing, considering various sentencing conditions as indicated in the instant argument, such as the method of committing the instant crime, the circumstances after committing the instant crime, and the Defendant’s age and character and behavior, the sentence imposed by the lower court is unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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