beta
(영문) 서울서부지방법원 2015.01.29 2014노1197

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not inflict any injury on the victim by pushing the victim's chest as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (a fine of four million won) is too unreasonable.

2. Determination

A. The lower court acknowledged the fact that the Defendant inflicted an injury on the victim, as described in the facts charged, based on the evidence of the lower court, such as the victim’s statement in the court and investigation agency, the written diagnosis of injury, the Defendant’s prosecutor’s statement (the Defendant also stated in the prosecutor’s office that the victim was satisfed and satisfed on the floor when the victim was fatd on his fat, etc.) consistent with the facts charged. Examining the judgment of the lower court compared with the records,

B. In light of the fact that the Defendant denies the Defendant’s criminal act, and other circumstances, such as the Defendant’s age, motive, means and consequence of the criminal act, relationship with the victim, circumstances after the criminal act, etc., the lower court’s punishment cannot be deemed to be too unreasonable.

3. In conclusion, the defendant's appeal is without merit and it is so decided as per Disposition in accordance with Article 364 (4) of the Criminal Procedure Act.