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(영문) 대구지방법원 2018.11.01 2018노3260
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there is a fact that the Defendant, as a misunderstanding of the fact, added the victim to the victim, there is no fact that the victim saw the victim as a tree.

B. The sentence of the lower court’s improper sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence of the lower court’s determination as to the assertion of mistake of facts, the fact that the Defendant posted the insertion to the victim several times as stated in the facts constituting the crime of the lower judgment, and that the damaged person caused the victim’s head and loss by taking the above insertion from the enormous tree.

The lower court did not err by misapprehending the facts and adversely affecting the judgment.

B. The Defendant had committed the instant crime during the suspension period of the execution of imprisonment with prison labor for the same crime, and failed to agree with the victim.

In full view of the following circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, etc., and the fact that there is no special circumstance or circumstance to change the sentencing of the lower court after the lower judgment, the lower court’s sentencing is not unfair.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

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