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(영문) 부산지방법원 2018.01.26 2017노3970

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not inflict any injury on the victim.

B. The punishment of the lower court is too heavy (700,000 won).

2. Determination

A. As to the assertion of mistake of facts, the court below acknowledged the facts that the defendant injured the victim by taking into account the defendant's legal statement, which is the evidence duly adopted, the police statements of the victim and witness, and the written diagnosis of injury.

The defendant asserts that there was no injury to the victim for the first time.

However, in light of the fact that the statement of witness D made by the defendant who gets off plastic and was faced with the wall by pushing the complainant, corresponds to the statement of the victim, the defendant after the fact that the defendant met the children of the victim, and the defendant thereafter made 40,000 won and agreed that the victim was a gold, it is recognized that the defendant inflicted an injury on the victim.

Therefore, the defendant's above assertion is without merit.

B. As to the wrongful argument of sentencing, the Defendant agreed with the victim only, and the fact that there is no criminal history other than a fine once is favorable to the Defendant.

However, when comprehensively taking account of the fact that the defendant denies criminal facts, the age character and character environment of the defendant, the motive means of the crime, and the circumstances after the crime, etc., the sentencing judgment of the court below exceeded the reasonable limit of discretion, in light of all the conditions of the argument and the records in this case, including the fact that the defendant denies criminal facts;

There is no circumstance that the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion on this part is without merit.

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