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(영문) 부산지방법원 2013.04.26 2012노3760
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in misunderstanding of facts, and the judgment of the court below is too unreasonable because the punishment (300,000 won of fine) is too large.

2. Determination

A. In full view of the fact that the victim F of misunderstanding of facts consistently states that he had left knee part from the defendant since the police to the court of the court below, and that G witness G of the court below also stated that the defendant was walking the victim F's knee part, the defendant can fully recognize the fact that he knee part of the victim F, so the defendant's assertion of misunderstanding of facts is without merit.

B. In full consideration of the circumstances favorable to the Defendant, the lower court determined a punishment by reducing the amount of fine for a summary order, and there is no change of circumstances to differ from the lower court in the trial, and considering all the matters on the criminal record, occupation, and sentencing specified in the records and arguments of the Defendant, the lower court’s judgment’s punishment is deemed appropriate, and therefore, the Defendant’s assertion of unfair sentencing is also groundless.

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

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