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(영문) 광주고등법원 (전주) 2014.07.08 2014노63
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the defendant did not have the back head of the victim E, did not have the victim C with the intention of gathering the victim C. At the time, there was no customer in the restaurant of the victim C, and the judgment of the court below which recognized the victim's assault against the victims and interference with the business of the C's restaurant business. There was an error of mistake of facts.

B. The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

2. Determination:

A. 1) In regard to the assertion of mistake of facts, the defendant argued that there was a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes, but all of the facts charged in the court of the court below acknowledged the above facts charged at the court of the court below. 2) In addition, the defendant found the restaurant operated by the victim C to be a restaurant, and at the time when the defendant started to avoid the disturbance, the customer was seated in two tables in the restaurant, and the defendant got the victim E back to the restaurant, and the victim was humped by the victim C, and the victim was humped by the victim C, and his statement at the court of the court of the victim that the victim was dumped by the above victim, and it was consistent with the victim's statement at the investigation agency, as well as with the victim's attitude to make a statement at the investigation agency, and there is no other circumstance to doubt the credibility of the statement. Thus, it is sufficient to prove the violation of the Act on the Aggravated Punishment, etc.

3. Therefore, we cannot accept the grounds for appeal by the defendant who asserts the mistake of facts in the judgment below against the credibility of the statements of the above victims.

B. The following circumstances presented by the court below regarding the assertion of unfair sentencing:

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