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(영문) 인천지방법원 2017.09.08 2017노1813
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the misunderstanding of the facts, got the victim to the floor of the hand, and did not inflict an injury on the victim as stated in the instant facts charged.

B. The lower court’s sentence against an unfair defendant in sentencing (2 million won) is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the judgment of the court below that found the defendant guilty of the facts charged of this case is legitimate, and the defendant's assertion of mistake of facts is without merit.

B. It appears that the degree of injury to the victim was not excessive, and the defendant did not have the record of the same kind of crime in the previous case, but did not recognize the degree of injury of the victim until the victim was judged in the first instance even though the defendant had exercised violence against the victim at a minor end, etc. In full view of all the circumstances indicated in the records, including the defendant's age, sex and environment, means and result of the crime, etc., the court below's punishment is too unreasonable, and therefore, the defendant's wrongful assertion of sentencing is not reasonable.

3. In conclusion, 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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