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(영문) 서울동부지방법원 2019.01.11 2018노1499
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Grounds for appeal;

A. The Defendant did not have committed violence against the victims of the mistake of facts.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment with labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant made the same assertion in the trial of the lower court, and the lower court, based on the evidence duly admitted and investigated, convicted the victims of each charges.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and the judgment of the court below does not contain any error of mistake of facts as alleged by the defendant.

B. According to the instant argument and record on the assertion of unfair sentencing, the lower court appears to have made an adequate decision by fully considering the grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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