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(영문) 서울서부지방법원 2014.10.23 2014노440

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was aware of the fact that the victim only avoided the victim’s self-injury, and did not pluck up and pluck up the victim, or inflicted an injury by plucking, etc. the victim.

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

2. Determination

A. In regard to the assertion of mistake of facts, the court below held that the defendant, based on the evidence of the court below, such as the court of the court below's decision and the police's statement and the statement of the certificate of diagnosis of injury, etc., the defendant has inflicted an injury as stated in the facts charged by plucking, plucking, plucking, and plucking the victim's damage, and then causing the same injury as

B. In light of the fact that the Defendant did not object to the Defendant’s assertion of unfair sentencing, and other circumstances, such as the Defendant’s character and conduct, motive, means and consequence of the crime, relationship with the victim, circumstances after the crime, 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.