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(영문) 대구지방법원 2017.01.12 2016노2467
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as a misunderstanding of the fact, did not commit violence against the victims, and the victim’s two weeks of injury and damage to property are irrelevant to the Defendant.

Even so, the lower court, which convicted the Defendant, erred by misapprehending the facts, and thereby affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (1.5 million won) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, the victim witness D’s legal statement (49 pages of the trial record), victim witness C’s legal statement (63,65,68, and 70 of the trial record), victim witness C’s legal statement at the court below (63, 65, 68, and 70 of the trial record, Defendant was injured by assaulting victim D), witness E’s legal statement at the court of the court below (76,78 of the trial record, the purport that the Defendant considered the victim’s assault against the victim D), injury diagnosis (26 pages of the investigation record), victim’s photo (27-29 of the investigation record), income mutual aid medical expenses (30 pages of the investigation record), clothes photographs (64, 65 pages of the investigation record), etc., each of the charges of this case can be sufficiently recognized.

Defendant’s assertion of mistake is rejected.

B. In light of the fact that the Defendant had the history of punishing the Defendant 14 times of judgment on the unfair argument of sentencing, there are seven times of previous convictions, the victim C wishes to punish the Defendant (the trial record 71,72 pages), and the Defendant denies the crime and did not reflect the mistake, etc.

However, among the crimes in this case, the fact that the victim D does not want the punishment of the defendant is considered as favorable to the defendant.

In addition, the sentencing judgment of the court below is at the discretion, considering all the sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, means and consequence of the crime, and the circumstances after the crime.

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