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(영문) 서울중앙지방법원 2016.07.21 2016노1616
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no misunderstanding of the facts or misapprehension of the legal principles that the Defendant inflicted an injury upon the victim D, the lower court erred by misapprehending the facts and finding the Defendant guilty of the instant charges by believing the victim D and G’s statement that is not reliable.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the statements made in the victim D and G investigative agency or court of the court below in the judgment of misunderstanding of facts or misapprehension of legal principles are sufficiently reliable in light of their structure and alternative consistency, etc. In addition, it is sufficiently recognized that the defendant satisfyed with plastic machine with the victim, and got the victim to be satisfy, and got the victim to be satisfyed to the right, as stated in the facts charged in this case.

B. Although the defendant is aged, the degree of injury of the victim caused by the crime of this case is not less severe, the defendant does not deny and reflect the crime, and did not endeavor to recover damage. In full view of the motive, means and result leading to the crime of this case, together with the overall circumstances that form the conditions for sentencing as shown in the records and arguments, including the circumstances after the crime, the character and conduct of the defendant, and the environment, it is not recognized that the sentencing of the court below exceeded the reasonable scope of discretion because the sentencing of the court below is too large.

3. Accordingly, 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 without merit. It is so decided as per Disposition.

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