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(영문) 광주지방법원 2015.08.13 2014노2932
상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. At the time of mistake of facts, the defendant was aware of the victim's flaps, but there was no fact that the victim's face was taken by drinking.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

Judgment

A. In light of the following circumstances revealed through the evidence duly adopted and examined by the court below, the defendant can be found to have inflicted an injury upon the victim E's face as stated in the facts constituting the crime in the judgment below. Thus, the defendant's assertion of mistake of facts is without merit.

1) Until the investigative agency and the court of the court below, the victim stated the Defendant’s injury specifically and consistently to the purport that “the Defendant asked the Defendant whether he will be a son, and the Defendant was faced with flapsing and drinking.” At the time, E (the mother of the victim) at the time stated consistently that the Defendant had observed the victim’s face due to drinking and the victim’s disease, etc.

3) The victim’s mother is in accord with the victim’s statement, such as the injury part photograph (16 pages) and doctor M on February 3, 2014, as indicated in the injury diagnosis report (27 pages of the investigation record) prepared by the victim M. 4. Inasmuch as the victim’s mother is liable to the Defendant, it is difficult to deem that the victim himself/herself suffered injury to his/her own coin to mislead the Defendant solely on such circumstance.

B. The extent of damage suffered by the victim of unfair sentencing is not severe, and the fact that the defendant urged the victim to repay his/her obligation to his/her mother and the defendant seems to have committed the instant crime contingently to the victim is an element of sentencing favorable.

However, there are many criminal records of the defendant, and the defendant did not agree with the victim, which are disadvantageous factors of sentencing.

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