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(영문) 광주지방법원 2013.03.29 2012노2276
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is as follows: First, although the defendant did not commit the crime identical to the facts charged in this case, the judgment of the court below which found the defendant guilty is erroneous and has affected the judgment.

Second, when considering various circumstances against the defendant, the punishment of the court below (the fine of 4 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the testimony of the witness E of the party examination, the victim has consistently made a statement corresponding to the facts charged in this case at the investigative agency, the court below and the trial court, and consistent with this, and the statement of witness F at the site correspond to this. The doctor in charge of G Hospital who treated the victim on the day of this case shows that the victim's sexual pressure pressure level of 2 times the previous disease is confirmed, separate from the pressure frame of 1st century, as a result of the MRI shooting of the victim, apart from the previous disease, the victim's sexual pressure level of 2th Ethast. Although the EX was not verified at the I Hospital, it is more precise that the pressure level of X-ray was not verified at the I Hospital, but it can be sufficiently recognized that the defendant's injury was inflicted on the victim as stated in the judgment of the court below. Thus, this part of the defendant's assertion is without merit.

B. The defendant spits or spits the victim and spits the victim without any reason, and the degree of the victim's injury as a result of the spits or spits the victim without any reason, and despite the fact that the defendant does not seem to have a strong reflectivity while denying the crime of this case, the defendant does not have any damage caused by the crime of this case and does not appear to have any form of efforts to recover damage. In addition, Article 51 of the Criminal Act including the background of the crime of this case, the contents and nature of the crime of this case, circumstances after the crime, the defendant's age, character and conduct, environment, family relationship

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