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(영문) 광주지방법원 2016.10.19 2016노829
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the misunderstanding of facts, the Defendant’s her her fry at the time of the misunderstanding of facts does not fit but did not her fry the victim’s chest.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. (1) The Defendant argued to the same effect as the lower court.

However, the court below rejected the defendant's assertion by taking account of the adopted evidence.

(2) Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the lower court fully recognizes the Defendant’s injury inflicted on the victim’s chest.

Therefore, the defendant's above assertion is without merit.

① The victim consistently stated from the investigative agency to the court of first instance that the Defendant was faced with the chest at the time of the instant case.

(Evidence No. 4, 8, and 39 pages of the trial records). (2) The CCTV that took the scene at the time of the instant case shows the face of the Defendant’s assaulting the victim.

(3) The victim's injury level and degree as stated in the injury diagnosis certificate issued by the hospital after the occurrence of the instant case are consistent with the cause and cause of the injury claimed by the victim and the cause and cause of the injury.

(6) The defendant also recognized the fact that he had a certain degree of tangible force against the victim at the time of the instant case.

B. A favorable circumstance is that the Defendant’s decision on the assertion of unfair sentencing generally acknowledges and reflects his mistake, the Defendant did not have any record of punishment for the same criminal record, some circumstances may be taken into account in the course of the crime committed in this case, and the Defendant agreed with the victim and the victim that the Defendant was the Defendant’s wife against the Defendant.

On the other hand, the court below seems to have determined punishment in consideration of the above favorable circumstances, and new ones after the sentence of the court below.

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