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(영문) 대전지방법원 2017.11.15 2017노1740
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not inflict an injury upon the victim by breaking the shoulder part of the victim.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. In light of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts, the victim has made a relatively specific and consistent statement from the investigative agency to the lower court regarding the background, process, content, and subsequent circumstances, etc. of the victim’s assaulted by the Defendant from the investigation agency to the lower court, and the victim appears to have received medical treatment at the hospital on the day of the instant case, and the cause and side of the injury, etc. indicated in the written diagnosis of the injury, are consistent with the victim’s statement, it can be acknowledged that the Defendant suffered injury as stated in the instant facts charged

Therefore, the defendant's assertion of mistake is rejected.

B. The degree of injury suffered by an unfair victim in sentencing is relatively minor.

There are some circumstances to consider the facts and circumstances of the crime.

The fact that the position appears is the favorable situation.

However, the defendant has been punished four times due to the same crime, and it seems that the defendant did not agree with the victim and did not take proper measures for recovery from damage.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.

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