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(영문) 광주지방법원 2015.11.19 2015노1036
상해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. Recognizing the misunderstanding of facts by the Defendant of the mistake of facts against the victim E, the Defendant cannot be found to have a causal relationship between the Defendant’s assault and the injury of the victim solely based on the victim’s statement without credibility.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

Judgment

A. The following circumstances revealed in the evidence duly adopted and examined by the court below, namely, the victim E, from the time of the first statement at the investigative agency on the following day of this case, stated that the victim E did not have the scene at the time of this case but did not want to receive hospital treatment due to pain; ② The victim's bodily injury part (defeb, part) and degree, etc. stated in the medical certificate (106 pages) drawn up after locking from the victim's statement correspond to the victim's statement; ③ the victim's age is 72 years old, which can lead to minor assault, and ④ The victim's personal relation is not denied solely on the ground that the victim did not undergo hospital treatment after being injured. In light of the above, there is a causal relation between the victim's bodily injury and the victim's bodily injury.

The defendant's assertion of mistake is without merit.

B. Whether or not the defendant's partial crime of unfair sentencing is recognized, and the degree of tangible power of the defendant inflicted on the victim seems not to be heavier than that of the result, and the defendant has no criminal record of the same kind, etc. are favorable factors of sentencing.

However, in the course of the defendant's intrusion into the building of this case with several people without due process, the crime of this case with physical force by elderly victims is not good, and the fact that the defendant did not reach an agreement with the victim is an unfavorable sentencing factor.

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