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(영문) 서울중앙지방법원 2019.10.25 2019노2354

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant’s movement of mistake of facts reveals that the table was far away from the list of glass bottles, and there was no other fact that the Defendant’s glass disease, which is a dangerous object, was broken before the victim.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. The Defendant made the same assertion as the grounds for appeal in the lower court’s determination of mistake, and the lower court rejected the Defendant’s assertion in detail, stating the Defendant’s assertion and its decision in detail.

The judgment of the court below on the credibility of the evidence and its premise was clearly erroneous.

In light of the result of the hearing in the court below or the court below, it is not deemed that maintaining it as it is is considerably unfair.

At the time of investigation by the prosecution, the Defendant stated that he was favorable to the police of the Defendant, who was not the victim, but the Defendant believed that he was free from the victim, and that there was no consistency in the statement by stating that there was no free disease in the original trial and there was no free disease on the table, and there was no consistency in the statement.

On the other hand, the victim made a statement that the victim suffered from the investigative agency to the original trial consistently, that the defendant got a favorable disease by consistently facing the victim, and that the defendant's daily behavior is not consistent with the victim, and that the victim suffered a favorable disease due to his failure to meet the victim.

The judgment of the court below is just, and the defendant's assertion of mistake is without merit.

3. It does not seem that new circumstances or special changes are likely to be reflected in sentencing after the judgment of the court below on the assertion of unfair sentencing is rendered. Furthermore, even if the court below comprehensively takes into account the circumstances and various conditions of sentencing stated in the grounds of sentencing and the records, it cannot be deemed that the court below’s sentence is excessively heavy beyond the reasonable limit

The defendant's assertion of unfair sentencing is without merit.

4. Conclusions of appeal by the defendant