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(영문) 인천지방법원 2017.04.28 2016노4108
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by taking the victim’s hand, did not use a frame near the right 5 pages.

Nevertheless, the judgment of the court below that found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts, the court below directly examined the witness E and examined the evidence of the witness E, and found credibility in the witness E’s legal statement.

Based on the judgment, the defendant was convicted.

In full view of the evidence duly adopted and examined by the court below, it cannot be deemed that the above judgment of the court below was clearly erroneous or considerably unfair (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). Since the defendant sufficiently recognizes the fact that the defendant inflicted a frame on the right side of five parts, such as the facts charged, the defendant's mistake is without merit.

B. In full view of the following circumstances: (a) the degree of injury suffered by the victim; (b) the injury was not recovered; and (c) the Defendant’s age, sex and environment; (d) the motive, means and consequence of the commission of the crime; and (e) the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion of sentencing is without merit.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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