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(영문) 제주지방법원 2018.09.13 2018노97
재물손괴등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant knee and knenee did not walk E, the lower court erred by misapprehending the facts and thereby adversely affecting the conclusion of the judgment, and the sentence (one year of imprisonment and two years of suspended execution) sentenced by the lower court is too unreasonable.

B. The sentence imposed by the Prosecutor (one year of imprisonment, two years of suspended execution) is too unfased and unreasonable.

2. According to the evidence cited by the lower court, the Defendant’s assertion of misunderstanding of facts is consistent and consistent with E as to the circumstances in which the injury was inflicted at the time of the instant case, and the evidence, such as H’s statement supporting this, and thus, the Defendant’s assertion of misunderstanding of facts is without merit.

3. Comprehensively taking account of the various circumstances, which form the conditions for sentencing as seen in the instant case’s determination of the illegality of sentencing by the Defendant and the Prosecutor, the Defendant’s sentence is too heavy or is deemed unreasonable as it is frightened. Therefore, the Defendant’s and the Prosecutor’s wrongful assertion of sentencing are without merit.

4. Conclusion, the appeal filed by the Defendant and the Prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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