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(영문) 인천지방법원 2015.12.11 2015노3878
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is true that the defendant of mistake of facts assaulted the victim as stated in paragraph 1-b of the crime of the court below. However, there is no fact that the defendant assaultsed the victim or inflicted an injury on the victim with a dangerous object such as the remaining criminal facts.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below as to the assertion of mistake of facts can be recognized based on the evidence duly adopted and investigated by the court below, i.e., (i) the victim made a concrete and consistent statement from the investigative agency to the court below on the date and time, place, situation before and after the assault, method of assault, etc.; (ii) the victim's body photograph taken immediately after September 23, 2014, which was the last crime of this case, appears to have been assaulted by the defendant by using implements other than hand or drinking, and (iii) the defendant also recognized the fact that there was a threat as to the victim by using strings or ploss, etc. at the time of the crime; (iv) the victim's self-harm was asserted by the victim; (iii) the victim's self-harm was asserted by the victim; but the victim's personal injury was caused by the defendant's act is different in terms of the situation and location of the victim's self-harm and degree of injury, etc.

Therefore, the defendant's assertion of mistake is without merit.

3. The Defendant’s judgment on the assertion of unfair sentencing is against each of the instant crimes, and the Defendant’s sole agreement with the victim was reached during the trial. However, the instant crime is serious using tools, etc. for the victim living together.

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