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(영문) 서울중앙지방법원 2014.02.06 2013노4014

상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant, who first induced the instant fighting, was sentenced to a minor fine than the victim, is obviously unfair, the sentence of the lower court against the Defendant (a fine of KRW 200,000) is too uneasible and unfair.

B. Defendant 1) Although there is no credibility of the statement of the victim of mistake of facts and F, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts, thereby finding the Defendant guilty on the grounds of this, and thereby affecting the conclusion of the judgment. 2) Even if the Defendant was guilty of unreasonable sentencing, in light of the circumstances leading to the instant crime and the present situation where the Defendant was faced with, the sentence of the lower court against the Defendant is too unreasonable.

2. Determination:

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts, i.e., (i) the victim's statement of the court below immediately after the instant case without inconsistency, and (ii) the witness F's statement of the court below at the time also conforms to the victim's statement, and (iii) the victim's injury part and degree and the process of dispute between the defendant and the victim at the time, it is difficult to find the possibility that such injury was caused by any other cause than the defendant's assault, the judgment of the court below which found the defendant guilty is just and acceptable, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts, and thus, the defendant's argument is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant had a record of punishing a fine of KRW 500,000 as a crime of injury around 2012, and the victim strongly wants to punish the Defendant.