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(영문) 수원지방법원 2014.11.06 2014노1694

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The abstract of grounds for appeal shall not be taken into consideration by examining the face of the victim E;

(M) In addition, the court below's punishment (the fine of 500,000 won) against the defendant is too unreasonable.

(F) Determination; 2. Determination

A. The Defendant alleged the same purport in the lower court’s determination of mistake of facts, but the lower court acknowledged that the Defendant inflicted an injury upon the victim’s face as in the facts charged by comprehensively taking account of the evidence duly adopted and examined.

Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below which recognized that the defendant injured the victim is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts, and the above argument of the defendant is without merit.

B. In light of the favorable circumstances such as the crime of this case and the facts leading up to the crime of this case, and the circumstances, method, and result of the crime of inflicting bodily injury, etc. requiring medical treatment for 21 days when considering the victim’s face, the crime of this case is not easy, the defendant continued to deny the crime, the defendant did not agree with the victim, and did not make any effort to recover from damage, and all other circumstances attached to the sentencing conditions indicated in the records, comprehensively taking account of the following: (a) the Defendant’s failure to reduce the fine amount (700,000 won) in the summary order to the extent that the sentence of the lower judgment is too unfair; and (b) the sentence of the lower court determined by reducing the sentence amount of the fine (70,000 won) is too unreasonable.

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.