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(영문) 서울동부지방법원 2018.08.23 2018노293

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant is not guilty of assaulting the victim or causing bodily injury.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant made the same assertion in the trial of the lower court, and the lower court determined that each of the facts charged of this case was guilty by taking into account the circumstances acknowledged by the evidence duly admitted and investigated.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is an error of law by misunderstanding facts and misunderstanding legal principles as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

B. In full view of the reasoning of the instant case’s argument and the reasons for sentencing indicated in the record, the lower court’s sentencing on the Defendant appears to have been reasonably determined by fully taking account of all the circumstances, including the various reasons for sentencing alleged by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment is modified.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.