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(영문) 광주지방법원 2017.11.28 2017노612
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant only was at the time of the victim’s shouldering, and there is no fact at the time of her booming.

2) The sentence of the lower court is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts, the Defendant’s assertion of mistake of facts is rejected.

(1) A victim is consistently compelled from an investigative agency to the court of the court below to keep the victim into force from the defendant.

statement is made.

(2) A witnessing a situation at the time corresponds to J, H, I, and G and the defendant was demoted by the victim at the time.

The statement is consistent with the statements of the victim.

③ The victim taken an X-ray immediately at the time of the day and night from the Defendant at the time, and taken the sonship, and taken the 2 week drugs, and taken the two weeks drugs. They continued to visit the hospital located in Gwangju due to ear, and the son visited the hospital in Gwangju.

④ In light of the above circumstances, R’s legal statement in the lower court is difficult to believe it as it is.

3. In light of the fact that the instant crime of determining the illegality of sentencing by the Defendant and the Prosecutor was committed by inflicting an injury upon the victim, and that the Defendant had already been punished for violent crimes on seven occasions, the nature of the instant crime is not weak.

On the other hand, there are some extenuating circumstances in which the defendant committed a crime, and the injury of the victim is relatively minor.

In full view of all such circumstances as the Defendant’s age, sexual conduct, environment, circumstances surrounding the crime, and circumstances after the crime, including these circumstances, and all of the various circumstances revealed in the records and arguments of this case, any punishment in the first instance court compared to the lower court.

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