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(영문) 대전지방법원 2015.08.26 2015노326
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not have committed an injury to the victim, such as in the facts charged.

Nevertheless, the judgment of the court below that found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. In the lower court’s determination of mistake of facts, the Defendant made the same assertion as the grounds for appeal in this part, and the lower court determined the Defendant and the defense counsel’s assertion.

2.(a)

In light of the circumstances stated in its reasoning, the court below rejected the above assertion on the grounds of various circumstances. If we closely examine the above judgment of the court below by comparing it with the records, we affirm the judgment of the court below which found the defendant guilty of the facts charged in this case, and there is no error of law by misunderstanding the facts as alleged by the defendant, and therefore, the above argument of mistake of facts by

3. There are circumstances under which the victim provided some motives for the instant crime to the victim regarding the allegation of unfair sentencing, and that the Defendant is the primary offender who has no criminal power is favorable to the Defendant.

However, the fact that the defendant denies the crime of this case and there is no reflectable color, that the victim's injury is not weak, and that there is no effort to recover damage is disadvantageous to the defendant.

In full view of the above circumstances and other circumstances leading to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, the lower court’s sentence is too unreasonable, and thus, the Defendant’s above unfair sentencing is not unreasonable.

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