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(영문) 서울남부지방법원 2017.11.10 2016노2401
상해
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the instant facts charged, did not inflict bodily injury upon the victim, even though her mar, mar, etc. was put in her butt.

B. The sentence sentenced by the lower court (one million won in penalty and the cost of lawsuit) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below is justified in finding the defendant guilty of the facts charged in this case, and there is no error in the misapprehension of the facts alleged by the defendant as alleged in the facts charged in this case.

Therefore, the defendant's assertion of facts is without merit.

B. The determination of the lower court’s sentencing is deemed to fall within the reasonable scope of discretion, and there is a change in the conditions of the sentencing in the final trial, in full view of the following: (a) the number of matters subject to the conditions of the sentencing in the trial (the denial of the crime even if the conviction was sufficiently recognized by evidence, and the failure to take any measures to recover damage to the injured party; and (b) the fact that there is no record of criminal punishment other than once before and after the punishment of this species) and the applicable sentences, etc.

Considering the fact that it cannot be seen, the lower court’s sentence is too unreasonable due to the fact that the Defendant’s above assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is without merit, and the burden of litigation costs incurred in the trial is determined as per Disposition by applying Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act to the burden of litigation costs incurred in the trial.

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