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(영문) 부산지방법원 2017.08.11 2016노4433
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant is not guilty of causing injury to the victim C.

B. The punishment of the lower court is too heavy (700,000 won).

2. Determination

A. Examining the evidence duly adopted by the lower court as to the Defendant’s assertion of mistake of facts, namely, the part of the statement C in the interrogation protocol of the prosecution against the Defendant, namely, the police’s statement protocol, diagnosis protocol, and each photographic investigation report (such as attaching photographs on C, the complainant), etc., the fact that the Defendant inflicted an injury on the victim can be acknowledged, and the testimony by the witness F of the trial at the lower court alone is difficult to deem that there is a circumstance to alter the judgment of the lower court.

Therefore, the defendant's above assertion is without merit.

B. As to the wrongful assertion of sentencing, comprehensively taking account of the Defendant’s age, character and character character, intelligence and environment, motive and consequence of the crime, and circumstances after the crime, etc., the lower court’s determination of sentencing exceeded the reasonable bounds of discretion in its discretion.

There is no circumstance that the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion on this part is without merit.

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

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