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(영문) 수원지방법원 2013.03.28 2013노680
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) and the Defendant asserted to the effect that, although the Defendant did not inflict an injury on the police officer G, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. Even if the Defendant was guilty, the lower court’s punishment (six months of imprisonment) imposed on the Defendant was excessively unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the fact that the defendant was involved in the E box, the fact that the defendant was involved in the E box when the defendant was a police officer F's her her her her son within the E box, and that the police officer G was unable to wear the her her scam. The defendant was unable to wear the her her face when she was taken by another her her scam under the her her scam and lost her center, thereby resulting in the injury to the above G by the her scam her scam, etc., and there is no other counter-proof

B. According to the records on the assertion of unfair sentencing, the sentencing of the court below is too unreasonable in light of the following: (a) the defendant was sentenced to two years of the suspended sentence due to the crime of indecent act by compulsion by force for eight months; (b) the defendant committed the crime of this case during the suspended sentence; (c) the defendant was placed outside of the apartment window of the 10th height apartment space; and (d) the crime is not easy, such as the defendant's age, character and conduct, and motive of the crime; and (e) the defendant's use of violence to the police officer who restrains it; and (e) other all the circumstances constituting the condition of sentencing

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit.

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