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(영문) 서울서부지방법원 2016.09.08 2016노813
폭력행위등처벌에관한법률위반(상습폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime committed on June 12, 2015 in the judgment of the court below, the Defendant did not assault the Victim K, L, and H, but the court below found the Defendant guilty of this part of the charges by misunderstanding the facts.

B. In light of the fact that the Defendant committed a crime of assault by mistake or the level of violence, the court below found the Defendant guilty of the charge of habitual assault by misapprehending legal principles.

C. At the time of each of the instant crimes, the Defendant was in a state of mental disability.

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

2. Determination

A. The judgment of the court below on the assertion of mistake of facts is acknowledged based on the evidence duly adopted and investigated by the court below, i.e., ① the victim L made a statement at an investigative agency that “the defendant made a h’s appearance to the effect that “the defendant made a h’s appearance to the effect that he would be treated as a h,” and the defendant’s face at one time. The court below also stated in the court below’s decision that “whether her her chest or her chest would not be memory, but when the defendant takes a desire to do so,” ② The victim K also stated clearly at the investigative agency and the court of the court below that the defendant was her her son at the time when her her son was taken one time, ② the victim K made a statement at the police station that “The victim H made approximately four times the victim her her chest at the time when her her her son was taken under the influence of alcohol, and made a statement to the investigative agency about the victim’s chest at the time of the court below’s appearance.”

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