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(영문) 서울남부지방법원 2013.12.12 2013노1536

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, it is true that the victim of a mistake of facts has three tamped the victim's clocks, or that there is no injury to "beup cages and tensions, straws in the snow area, straws around the snow, and two tamps" that require treatment for about two weeks as stated in the facts charged in the instant case.

B. Not on the basis of unreasonable sentencing

Even if the court below's sentence (700,000 won of fine) declared by the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, since it can be sufficiently recognized that the defendant assaulted the victim as stated in the facts charged in this case and inflicted injury upon the victim for about two weeks of medical treatment, this part of the defendant's assertion is without merit.

B. It is true that there are extenuating circumstances for the Defendant, such as the Defendant’s age not stated in the Defendant’s assertion of unfair sentencing, the Defendant’s health status appears to be not good, and the fact that there was no criminal power for the past twenty years.

However, even if it is sufficiently recognized that the injury of this case was committed, the defendant has not been divided at all, and the defendant is arrested as a flagrant offender after causing the injury to the victim and committed the crime in E District to the victim, and has not indicated that he had the victim's her her her her her her her her her her her her her her her her her her her her her her her her herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst herst son,