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(영문) 대구지방법원 2014.05.09 2013노3164

상해

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have any mistake of facts against the victim.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the victim talked in D Mart that he would be bad to kistans, and the victim consistently stated the shape or circumstance of the assault that the defendant was living at once and breath, ② the victim was issued medical treatment at the hospital on the day of the instant case, ② the victim was issued with the diagnosis report, ② the form and degree of the assault alleged by the victim, ③ the form and degree of the bodily injury in the victim’s written diagnosis of injury, ③ the Defendant did not have any fact at the time of the victim’s investigation. However, in full view of the following facts: (i) the victim talked in D Mart that kistans would be bad to kistans; and (ii) the victim consistently stated the victim’s head at the time of the police investigation (Evidence record 25 pages).

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of mistake of facts, and the above argument by the defendant

B. Although the nature of the crime of this case where the defendant injured the victim as to the assertion of unfair sentencing is not good, the court below's punishment is too unreasonable in light of various circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing specified in the argument of this case.

3. Accordingly, the defendant's appeal is an unreasonable sentencing.