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(영문) 서울중앙지방법원 2017.06.15 2016노2188

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, although the defendant is aware of the victim's neck with the victim, he/she did not injure or injure the victim's face.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of misunderstanding of facts, the defendant can sufficiently recognize the fact that the defendant inflicted an injury on the victim's face, etc., such as the victim's face, and thus, this part of the defendant'

B. As to the wrongful assertion of sentencing, in full view of the following circumstances: (a) there is no special circumstance or circumstance that may be newly considered in sentencing after the pronouncement of the lower judgment; (b) there is no agreement with the victim; and (c) the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime; and (d) other circumstances that form the conditions for sentencing as indicated in the present argument and the record, such as the circumstances after the crime was committed, the lower court’

Therefore, we cannot accept this part of the defendant's assertion.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.