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(영문) 의정부지방법원 2013.09.27 2013노1460
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Punishment of Violences, etc. Act (an act of violence against groups, deadly weapons, etc.), among the facts charged in the instant case of mistake of facts, the Defendant was only the victim, leading to the floor, and the judgment of the court below which found the Defendant guilty of the above facts charged is erroneous in matters of law

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. The following circumstances acknowledged by the evidence duly adopted and investigated at the court below and the court below's decision on the assertion of mistake of facts: (i) the Defendant talked about politics at the main point operated by the victim D after drinking alcohol, and the victim did not have a good appraisal of the victim; (ii) the Defendant was the two-way disease, and the two-way disease was in contact with the victim's arms; (iii) the victim stated to the effect that the two-way disease was prevented by using the victim's face as close to the victim's face; and (iv) the Defendant voluntarily testified that the two-way disease was caused by the two-way disease by making the victim's own expenses and making a statement that the two-way disease was committed, taking full account of the following circumstances, the Defendant abused the two-way disease, which is a dangerous object to the victim.

Therefore, the defendant's above assertion is without merit.

3. In full view of all the circumstances, including the Defendant’s age, character and behavior, the background and contents leading to the instant crime, and circumstances after the instant crime, etc., the sentencing conditions indicated in the record, including the fact that the Defendant did not want the Defendant’s punishment by mutual consent with the victim, but the Defendant had a record of criminal punishment several times due to the same kind of crime, etc., and the instant case was committed on the grounds that he did not act in concert with his own opinion, and that the nature of the crime is not very good.

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