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(영문) 서울북부지방법원 2019.03.22 2019노7
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, first of all, followed the part from the victim, followed by the lower part, and led the victim to an dissatisfy, and the victim got out of the stairs.

The defendant has not inflicted an injury upon the victim's face, chest, or her part.

B. The lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. The Defendant alleged in the lower court that “Although there was a fact that the other party was drinking, the victim does not have inflicted any injury because of his/her self-harm” in the judgment of the lower court.

In regard to this, the court below rejected the above assertion on the grounds that the victim's statement has credibility because there is no reason to make a false statement specifically and differently, and the testimony of E who observed the scene of assaulting the victim written by the defendant and other evidence correspond to it. In light of the above judgment of the court below, the judgment of the court below is just and acceptable, and in addition, the defendant stated that "the victim's face is taken twice as drinking, and the victim's face is taken once more than once," at the time of the police investigation, the fact that the defendant inflicted an injury on the victim as stated in the facts constituting the crime in the judgment of the court below is recognized.

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

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and where the first instance court’s sentencing does not exceed the reasonable scope of discretion, it is reasonable to respect

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There are no other new circumstances to consider sentencing after the sentence of the lower judgment, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are revealed in the pleadings.

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