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(영문) 서울중앙지방법원 2015.07.17 2015노2157

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In accordance with the judgment of the court below, there is no fact that the Defendant, as stated in the judgment of the court below, collected a lid from the victim's lid, and inflicted an injury on the victim's back part by hand.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, such as the victim E’s statement and investigation report (the CCTV verification investigation at the scene of occurrence), etc., as stated in the judgment of the court below, the defendant can sufficiently recognize the fact that the defendant collected the victim's lids, and caused the victim's injury by driving the back part of the victim's lids in hand. Thus, the defendant’s assertion of mistake of facts is without merit.

B. The favorable circumstances are that the Defendant’s judgment on the assertion of unfair sentencing has no particular penal power except for a case where a fine was imposed several times due to the concurrent sentencing.

However, the Defendant did not make all efforts to recover damage and agreed with the victim, and did not seem to oppose his mistake by denying the crime of this case to the trial.

In addition, considering the Defendant’s age, character and conduct, environment, the circumstances and result of the instant crime, and all of the sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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