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(영문) 서울서부지방법원 2016.09.01 2016노488

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not assault the victim, the court below erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of a fine of KRW 700,000 against the Defendant claiming unreasonable sentencing is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged according to the evidence duly adopted and examined by the court of the original judgment regarding the assertion of mistake of facts, the defendant can sufficiently be recognized that he/she sustained bodily injury by taking into account the victim's bucket as stated in the facts constituting the crime in the original judgment

Therefore, the defendant's assertion of mistake is not accepted.

(1) The injured party has made a mutually and in detail the acts of the accused, the details of damage, the situation before and after the crime, etc. from the investigative agency to the court of the court below, and the explanation of the situation is reasonable.

(2) F and G also have observed this at the time shall be the same as the statements of the victim after the defendant directly considered in an investigative agency that he/she saw the victim's cream.

(3) On the contrary, it is difficult to see that the victim and witness present a false statement in order to mislead the defendant.

3. In light of the following circumstances in determining the assertion of unfair sentencing, comprehensively taking into account the Defendant’s age, career, background leading to the Defendant’s crime and method of criminal act, punishment power, and all other matters concerning the sentencing as indicated in the instant records and arguments, the lower court’s sentence imposed on the Defendant does not seem to be unreasonable, and thus, the Defendant’s assertion of unfair sentencing is also rejected.

① The Defendant continued to deny a crime until the trial of the case, and did not appear to have a strong attitude of reflectivity, and not only did it go against the agreement with the victim, but also did not go against the agreement with the victim.

② The victim also is the defendant.