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(영문) 광주지방법원 2017.08.30 2016노3561
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although Defendant 1 did not have inflicted an injury upon the victim due to beer’s disease, the lower court found Defendant guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the facts.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. The following circumstances, which were duly adopted and examined by the lower court in determining the Defendant’s assertion of mistake of facts, i.e., (i) the victim was at the time of the victim’s face due to beer’s disease in the investigative agency and the lower court.

consistently stated, 2. At the same site at that time

GDo In the investigative agency and the court of the court below, the defendant was at the time of the defendant's head's injury due to beer's disease.

In light of the fact that the defendant consistently stated, and (3) because the defendant was the withdrawal of alcohol, and is unable to accurately memory at the time of the case, the defendant can sufficiently recognize the fact that the defendant inflicted an injury on the victim due to beer's face face, as stated in the judgment of the court below, and therefore, this part of the defendant's assertion

B. Considering the fact that the nature of the crime of this case is not good and the degree of the victim's injury is not weak, strict punishment against the defendant is required.

However, considering the fact that the defendant did not have a criminal record exceeding a fine, that the defendant deposited a certain amount for the victim, and that the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

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