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(영문) 광주지방법원 2015.11.03 2015노663

상해

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. In order to prevent the victim G from exercising violence first, the Defendant of mistake of facts only caused the bottom part of the victim G’s new outbreak by scam, and did not cause any injury by taking another part into consideration.

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

Judgment

A. The following circumstances acknowledged by the lower court’s evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: (i) H stated in the court of the lower court that the Defendant was taking into account the body, face, bridge, etc. of the victim G using a smuggling; (ii) H did not have any reason to make a favorable statement for any one party because it does not have a friendly relationship with both the Defendant and the victim G; and (iii) the victim G made a statement at an investigative agency on March 23, 2014 where the first week elapsed from March 31, 2014 when the Defendant made a statement at the investigative agency, and made a detailed statement on the background, place, method, and adjacent part of the Defendant’s own, which conforms to the statement of H, an objective witness, etc., it can be acknowledged that the Defendant had inflicted an injury on the victim G, as in the facts charged.

Therefore, the judgment of the court below that convicted the defendant is just and the defendant's assertion of mistake is not justified.

B. The Defendant’s judgment on the assertion of unfair sentencing cannot be deemed unfair in light of the following circumstances: (a) the Defendant agreed with the Victim G while receiving the instant investigation as the instant crime; (b) favorable circumstances, such as the fact that the Defendant was a disabled person of Grade VI with hearing disability; (c) the Defendant did not reach an agreement with the victim D; and (d) the Defendant was punished several times of violence-related crimes; and (e) other unfavorable conditions for sentencing as indicated in the instant records, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the circumstances after the

Therefore, the defendant.