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(영문) 수원지방법원 2015.01.15 2014노2587 (1)

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not inflict any injury on the victim B, as described in the facts charged;

(M) In addition, the lower court’s punishment of a fine of KRW 700,00 against the Defendant is too unreasonable.

(F) Determination; 2. Determination

A. The following circumstances acknowledged by the court below's decision on the assertion of mistake of facts and the evidence duly adopted and examined by the court below and the court below's decision. ① The victim consistently stated from the investigative agency to the court below that the defendant was broken down in the process of fighting the body with the victim. There is no circumstance to reject the credibility of the statement. ② The witness G who observed the crime of this case stated in the court of the court below that "the defendant did not put the victim's arms, but did not pluck up or pluck up the victim's body," and the witness K stated that "the defendant and the victim suffered bodily contact between the defendant and the victim" (the trial record No. 67 of the trial record), and that it is evident that there was physical contact between the defendant and the victim, ③ the victim received medical treatment at the hospital on the day of the crime of this case, and the fact inquiry about the defendant's body was issued, and the victim's body injury was not found in the previous charge of this case.

B. The Defendant did not have any criminal record of the same kind as the instant crime in addition to the records sentenced to a fine of small amount due to the violation of the Punishment of Violences, etc. Act prior to 25 years prior to the determination of the allegation of unfair sentencing.