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(영문) 서울북부지방법원 2017.07.14 2017노478
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, misunderstanding of facts, committed violence with the victim, the Defendant did not look at the victim due to a minor disease.

Nevertheless, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of the facts charged.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted after examining the evidence, including the victim’s bodily injury photographs, the result of response to each order to submit each document issued at the appellate court (such as records, etc. on the victim’s emergency room on the day of the instant case), the fact that the Defendant suffered bodily injury, such as the victim’s head at the time of the victim’s head, can be sufficiently recognized.

Rather, the injured party took the defendant into action against the defendant. After that, the injured party asked the defendant to make a false statement because he/she was a soldier's status, and the injured party asked him/her to do so.

The argument is asserted.

However, in full view of the relevant evidence such as witness I of the lower court and the victim's testimony, the victim would only return to the Defendant after the instant case and want to play in society.

It is only recognized that the phrase “assumpted to be an illness” was written off.

We affirm the lower court’s decision that found the Defendant guilty of the facts charged of this case as justifiable.

The defendant's assertion of mistake is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

We do not accept the defendant's unfair argument of sentencing.

3. The defendant's appeal is filed in accordance with article 364 (4) of the Criminal Procedure Act.

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