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(영문) 부산지방법원 2019.06.20 2018노4368
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding, unreasonable sentencing) did not enable the Defendant to go beyond the victim C, etc. by pushing the victim C, etc.

The determination of punishment (7 million won) is unreasonable.

2. Determination

A. Judgment on the assertion of mistake of facts C made a statement consistent with the facts constituting the crime at the lower court.

The response report on the results of CCTV images and video appraisal shall support C's statement.

The Defendant is recognized to have inflicted an injury on the victim by exceeding the victim.

There is no error in the judgment of the court below that affected the judgment.

B. The lower court rendered a sentence on the assertion of unfair sentencing by comprehensively taking account of the degree of injury suffered by the victim and the recovery of injury.

Although the Defendant paid the indemnity to the National Health Insurance Corporation, it is difficult to regard it as a favorable sentencing factor to change the original sentence, and there is no change in the sentencing factor.

Although the sentencing criteria are not applied to the selection of fines, the sentencing factors and other factors of sentencing determined by the sentencing criteria for the crime of injury are reviewed again, the amount of the original sentence is not unreasonable.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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