(영문) 창원지방법원 2018.08.29 2018노1080 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2018.08.29 2018노1080

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not misunderstanding the victim G by hand over three times in dunes.

B. Sentencing (the sentence of the lower court: a fine of two million won)

2. Determination

A. According to the evidence duly admitted and examined by the lower court and the first instance court as to the assertion of mistake of facts, and the following circumstances, the Defendant may fully recognize the fact that the Defendant committed assault against the victim G as stated in this part of the facts charged.

Therefore, this part of the defendant's argument is without merit.

In the court of the court below, the defendant was tried with the assistance of the counsel and recognized this part of the facts charged, and the defendant was denied in the trial.

However, it is difficult to recognize the credibility of a confession made by the defendant in the court below.

There is no evidence to see, and there is no other circumstance to suspect that the confession constitutes a false confession.

A victim G was investigated by an investigative agency, and stated the same damage as stated in the facts charged in the instant case, and as a result of CCTV verification conducted in the trial of the party, it is confirmed that the Defendant was sealed by the victim G.

B. As to the wrongful assertion of sentencing, the appellate court is reasonable to respect the judgment of sentencing of sentencing of the first instance in a case where there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion.

2) The lower court rendered a sentence by comprehensively taking into account the following circumstances: (a) the degree of violence the victims used to the Defendant is not easy; (b) the degree of violence the victims used to the Defendant is not easy; and (c) the victims did not reach an agreement with the victims; and (d) the sentencing conditions were determined by comprehensively taking into account the following factors: equity in punishment for the victims; (b) the Defendant’s age; (c) the Defendant’s sexual conduct; (d) the background of the crime

3) The defendant asserts.

유사 판례

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