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(영문) 인천지방법원 2019.01.09 2018노2565
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged of this case, did not have any 500cc glass and the head of the victim.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. The Defendant alleged that the part of the lower court’s assertion of mistake was the same with the same purport, and the lower court rejected the Defendant’s assertion in determining the Defendant’s guilty of the facts charged on the grounds as indicated in its reasoning. In light of the evidence duly adopted and examined by the lower court and the reasoning of the lower court, the lower court’s aforementioned determination is justifiable and acceptable (a witness H also stated in the court of law as follows: “The Defendant observed that the victim’s head was sent to one time by using the victim’s head in the 500c glass World Cup on the table). It does not appear that the lower court erred by misapprehending the facts and affecting the conclusion

B. In light of no change in circumstances after the lower court’s judgment on the assertion of unfair sentencing, and the various sentencing conditions specified in the instant records and arguments, the lower court’s sentence is too unreasonable even considering the circumstances asserted by the Defendant as the grounds for appeal.

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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