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(영문) 수원지방법원 2014.04.24 2013노6249

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the defendant did not inflict an injury upon the victim by putting breath or sphering his head and spher hair or cutting spherbing sphere (in fact, sphere) and the punishment of the court below is excessively unreasonable;

(F) Determination; 2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, since the police officers who received the report immediately after the occurrence of the crime of this case specifically stated the victim D's assault facts, witness E also stated the fact that the defendant committed an assault as stated in the facts charged, and since the victim and witness have consistently made a statement up to the court below's trial, their credibility can be acknowledged, it is judged that there was no reasonable doubt as to the facts charged of this case where the defendant committed an assault and bodily injury.

B. In full view of the unfavorable circumstances, including the fact that the Defendant continued to commit a crime and did not make every effort to recover damage while denying the crime, and the favorable circumstances, such as the Defendant’s age and the degree of injury suffered by the victim, the Defendant’s age, character and conduct, family relationship, environment, and occupation, etc., the sentence of the lower judgment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.