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(영문) 부산지방법원 2014.02.14 2013노4061
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. When the original judgment on the summary of the grounds of appeal is rendered, the defendant was even killed or resisted with the suspect, and there was no disturbance to the extent that the defendant interfered with the business, such as throwing out the suspect towards the person, and the defendant did not inflict any injury on the victim E in relation to the crime of injury at the time of the original judgment, and therefore, the judgment of the court below convicting the defendant of each of the charges of this case is erroneous in the misunderstanding of facts, and even if it is not a domestic matter, the punishment (2 million won) of the judgment of the court below is too unreasonable.

2. In light of the fact that the Defendant made a confession of each of the facts charged in this case in the original trial, there is no circumstance to suspect the voluntariness of the confession, there is no evidence to prove it, and no new circumstance exists to reverse it in the original trial, the Defendant’s assertion of mistake of facts is difficult to accept.

3. In full view of the fact that the Defendant’s judgment on the assertion of unfair sentencing does not seem to be against the law, such as denying each of the crimes of this case recognized by the original court in the trial, and that no agreement is made with the victims, and all of the factors on the sentencing specified in the Defendant’s occupation, age, and other records and arguments, it cannot be deemed that the sentence of the original judgment is too unreasonable and unfair. Thus, this part of the Defendant’s assertion is without merit.

4. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition

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