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(영문) 서울중앙지방법원 2015.08.21 2015노2049

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not inflict an injury on the victim as stated in the first instance court.

B. The sentencing of the first instance court on the unfair sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In full view of the circumstances that can be recognized by comprehensively taking account of the victim’s statement and the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, namely, the background leading up to the Defendant’s report, the form of the scene of the case, the injured party’s circumstances, and the relationship between the Defendant and the victim, the fact that the Defendant inflicted injury on the victim as stated in

Therefore, there is no error of misunderstanding of facts as to the crime of injury in the first instance court which made the above decision, and the defendant's assertion on this is without merit.

B. In full view of the circumstances surrounding the instant crime committed by the Defendant against the allegation of unfair sentencing, the circumstances after the commission of the crime, the Defendant’s identity and dignity, the degree of damage, and other various circumstances that form the conditions of sentencing as indicated in the records, including the Defendant’s age, character and conduct, environment, family relationship, and criminal record, the sentencing of the first instance court against the Defendant is too unreasonable. Thus, the Defendant’s assertion of unfair sentencing is without merit

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.