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(영문) 서울북부지방법원 2013.11.01 2013노991

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Despite the fact that the defendant had not inflicted an injury on the victim as stated in the facts charged, the court below convicted the defendant otherwise by misunderstanding the fact and thereby affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. The evidence duly adopted and examined by the court below and the following circumstances recognized by the court below. ① The victim stated in the court below that the defendant suffered bodily injury, such as bodily injury, as stated in the facts charged, that the defendant was faced with the right head in the stairs rail (a hack pipe) by pushing himself, and the victim made a statement to the same purport, and there are no circumstances to deem that the victim made a false statement to gather the defendant. ② After approximately 2 hours and 30 minutes of the occurrence of the case, the victim was diagnosed at the hospital to the right hacks, etc., and the victim was examined to the right hacks, etc. at the time of the diagnosis, and the cause of the above injury was caused by the doctor, and the victim took full account of the fact that the defendant suffered bodily injury as described in the medical certificate, etc., as stated in the facts charged, can sufficiently be recognized. Thus, the above defendant's assertion is without merit.

B. In full view of the following circumstances: (a) determination on the assertion of unfair sentencing, the degree of injury to the victim in the instant case, the failure to reach an agreement with the victim; and (b) the background leading to the instant crime; (c) the character and conduct of the Defendant; (d) the environment and family relationship of the Defendant; and (e) the circumstances after the instant crime, etc., as indicated in the records and arguments, the sentence imposed by the lower court is too unreasonable.

참조조문