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(영문) 춘천지방법원 2018.08.24 2018노488

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) the victim was removed and avoided the victim, and (b) the victim was faced with the body of the victim who did not properly hold the body; and (c) the victim was faced with the alcohol.

The victim was injured because he was faced with alcohol or television, and the defendant was not injured as stated in the facts charged.

B. The sentence sentenced by the lower court is too unreasonable.

2. In full view of the evidence duly adopted and examined by the court below, including the testimony of the witness D of the court below as to the assertion of mistake of facts, it can be recognized that the defendant inflicted an injury on the victim, such as the victim and vagabonds, in the process of punishing the victim.

The victim consistently made a consistent statement from the investigative agency to the court of the court below on the situation at the time of the damage to the purport that “the Defendant got off to be frighted by television, and the Defendant got out of the bridge in the course of several times to prevent the victim from intending to occur.” At the time of the damage, the victim had consistently made a statement.

E Some of the statements made by the prosecutor's office and 119 reports received by the victim may be recognized as credibility because they support the victim's statements in the main part.

The defendant's assertion of mistake is not accepted.

3. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

Examining the conditions of sentencing and the reasons for sentencing indicated in the records and changes in the instant case, even if considering all the circumstances alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair due to the lack of sentencing.

We do not accept the defendant's unfair argument of sentencing.

4. In conclusion, the defendant's appeal is filed in accordance with Article 364 (4) of the Criminal Procedure Act.