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(영문) 서울중앙지방법원 2012.12.28 2012노2897
상해
Text

The defendant's appeal is dismissed.

Reasons

1. misunderstanding of the gist of the grounds for appeal (the defendant only used bather bat with the victim D and bather bats on the floor, and did not bat the victim's chest by bating the victim's chest) and unfair sentencing decision 2. The decision of this court

A. According to the evidence submitted by the prosecutor including each statement made by the victim D and witness E at the court of first instance in relation to the assertion of mistake of facts, it can be recognized that the defendant inflicted an injury on the victim by walking the victim's chest from bus as stated in the facts charged in this case. Thus, the above argument by the defendant disputing this issue cannot be accepted.

B. As to the assertion on unfair sentencing, there is no criminal history that has been punished against the defendant for a similar type of crime, and the crime of this case is likely to be regarded as a contingent act that occurred while the defendant and the victim under the influence of her friendship among the party members belonging to the political party, and exercising the tangible power, etc., although the sentencing conditions favorable to the defendant exist, in the course of exercising their tangible power, the defendant who inflicted an injury on the defendant who suffered an injury by walking the chest part of the victim aged than the victim her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

3. Accordingly, we cannot accept the Defendant’s appeal under Article 364(4) of the Criminal Procedure Act.

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