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(영문) 서울고등법원 2019.07.12 2019노1111
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

On August 30, 2018, the Defendant: (a) on the part of the victim on August 30, 2018, the Defendant: (b) on the part of another male; (c) on the part of the other male; and (d) on the part of the other male; (c) on the part of the other male; and (d) on the part of the other female; (c) on the part of the other female; (d) on the part of the other female; (d) on the part of the other female; and (d) on

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

The defendant was sentenced to a sentence and released from the prison due to the mistake of facts and the report and statement of the victim (as to the crime of August 30, 2018) by the prosecutor and the misapprehension of the legal principles (as to the crime of August 30, 2018).

According to the evidence submitted by the prosecutor, such as the fact that the Defendant and the victim met at the time of the instant crime, the Defendant committed a threat to the victim, and the Defendant demanded the maintenance of the relationship with the victim by taking advantage of the victim’s behavior in peace, and the victim appears to have taken advantage of the force of reporting the transfer whenever the victim refuses to do so and threatened the victim, it is recognized that there was a retaliation against the Defendant at the time of committing the crime on August 30, 201

The sentence of unfair sentencing by the court below is unfair because it is too uneasible.

Judgment

As to the Defendant’s assertion of misunderstanding of facts, the lower court also made the same assertion as that of this part of the grounds for appeal, and the lower court rejected all of the above arguments by providing a detailed statement on the Defendant’s assertion and judgment.

The judgment below

Examining the reasoning in comparison with the evidence duly admitted and examined, the judgment of the court below is reasonable and there is no error of law by misunderstanding the facts.

The defendant's assertion of mistake is without merit.

As to the prosecutor’s assertion, the lower court, based on the evidence submitted by the prosecutor, investigates the criminal case at the time of the Defendant’s assaulting the victim on August 30, 2018.

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