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(영문) 수원지방법원 2016.04.20 2015노6369
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In misunderstanding the facts and legal principles, the Defendant, who gets her desire to do so, was only aware of the above victim’s shoulder in order to set up the victim C, and there was no assault by the victim C, such as scaming, scaming, and scaming the face. There was no fact that the Defendant driven a vehicle under the influence of alcohol, and the injury to the victim F was not inflicted on the victim, but was inflicted on the victim’s back, and the victim was injured. However, the lower court convicted all of the charges of this case. In so doing, the lower court erred by misapprehending the legal principles, or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

B. The sentence of the lower court (an amount of four million won) that is unfair in sentencing is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the Defendant and the defense counsel of the lower court asserted the same as the grounds for appeal in this part of this part, and the lower court rejected each of the arguments in detail on the following grounds: (a) each of the “a summary of evidence” in the judgment

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and there is an error of law by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment

Therefore, this part of the defendant's assertion is without merit.

B. There is no history that the Defendant has been subject to criminal punishment beyond the fine regarding the wrongful argument of sentencing.

However, the defendant denies and contests all of the crimes of this case up to the trial of the party, and did not reflect his own crime, and until now, the victims have not recovered from their damage.

In addition, the records of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, and various circumstances that form the conditions for sentencing as shown in the changed theory.

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