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(영문) 서울중앙지방법원 2014.12.05 2014노3985
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of both appeals;

A. Prosecutor’s grounds for appeal: Unfair sentencing

B. Reasons for appeal by the defendant: mistake of mistake and unreasonable sentencing

2. Determination on the grounds for appeal

A. As to the Defendant’s assertion of mistake of facts, the lower court acknowledged the credibility of the victim’s statement after having undergone the examination of the witness against the victim. In light of the records of this case, the lower court clearly erred in determining the credibility of the victim’s statement.

It is not deemed that it is remarkably improper to maintain the judgment as it is.

Furthermore, in light of the victim's investigative agency and the court below's statement, the "report on the results of investigation" duly adopted and investigated by the court below, the court below's decision of conviction as to the whole of the facts charged in this case is just and it is not erroneous in the misapprehension of facts that affected the conclusion of the judgment.

Defendant’s assertion of mistake is not accepted.

B. As to both parties’ assertion of unfair sentencing, in full view of the following: (i) the details and contents of the instant crime; (ii) the means and method of the instant crime; (iii) the circumstances after the commission of the crime; (iv) the degree of damage inflicted upon the victim and the appraisal of damage have not yet been recovered; and (v) the Defendant’s criminal power and character, character, age and occupation, occupation, family relationship, economic form, and other various sentencing factors indicated in the instant argument and the record, the sentence of the lower judgment that sentenced the Defendant to a fine of two million

or is not likely to be bad or bad.

We do not accept the defendant and prosecutor's allegation of unfair sentencing.

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal

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