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(영문) 광주지방법원 2015.07.15 2014노2786

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to the crime of injury, although the defendant did not have the intention of injury to the defendant, since the defendant was able to wear a shoulder while the victim was on the part of the ridge in order to leave the ridge in the ridge by contact with the part of the ridge of the defendant in order to leave the ridge.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below regarding the assertion of misapprehension of legal principles, it can be sufficiently recognized that the defendant committed an assault, such as cutting the victim's timber and booming, and that the defendant injured the victim as stated in the judgment of the court below, and that at the time of committing the crime, the defendant had the awareness and intent to harm the victim's physiological function by the above act of the defendant. Thus, the above argument by the

B. In full view of the following: (a) the Defendant did not have been aware of the history of having been punished by a fine due to assault, etc. in 2012; (b) committed the instant crime; (c) did not agree with the victim; and (d) the victim wanted to impose the Defendant’s severe punishment; (b) equity with other similar cases; (c) details of the instant crime; (d) circumstances after the commission of the instant crime; (e) the Defendant’s age, character and conduct, and environment; and (e) other various sentencing conditions specified in the instant argument, such as the circumstances after the commission of the instant crime; and (e) it

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