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(영문) 의정부지방법원 2018.01.15 2016노3143
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant is not guilty of assaulting the victim.

B. The sentence of the lower court’s unfair sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. Although the Defendant alleged the same purport in the lower court’s determination as to the assertion of mistake of facts, the lower court rejected the Defendant’s assertion and convicted the Defendant of the instant charges.

In light of the evidence duly admitted and examined by the court below, the defendant's assertion is not accepted, since the defendant can be found to have committed an assault against the victim.

B. In light of the following: (a) the Defendant had the same criminal history to determine the illegality of sentencing; (b) the Defendant did not reach an agreement with the victim until the Defendant was in the first instance trial; and (c) other various conditions of sentencing as indicated in the record, such as the background of the crime; (b) the circumstances after the crime; and (c) the Defendant’s age and sexual conduct, the sentence of

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

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