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(영문) 대전지방법원 2013.04.03 2012노2267
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (a fine of three million won) is too unreasonable in light of the fact that the gist of the grounds for appeal (e.g., the form of an unjust act) is against one another.

2. It is recognized that the judgment of the defendant shows the appearance against the victim, and that the degree of injury of the victims is not much serious.

However, the defendant takes a bath on the ground that the victim B, who is located in the convenience store located in Chungcheongnam-gun, takes a bath for drinking alcohol within the convenience store, leading the victim's face by spiting spiting spite and drinking spite on the left side, leading the victim about two weeks of treatment, and continuously takes the victim's left hand on the front of convenience store for the reason that the victim E refers to the defendant, and the mother of the above B spit spite on the face of the victim's left hand on the face of the victim's face, thereby using approximately two weeks of treatment. As such, the victim B, who makes a legitimate demand, took an excessive form of force to the victims. In light of the motive and method of the crime, such as spiting spit on the victim E under 59 years of age, etc., the defendant's argument that the above victim's spite cannot be considered to have reached an agreement on the circumstances of the crime of this case, the circumstances of the victim's age and punishment, etc.

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.

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