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(영문) 울산지방법원 2017.09.27 2017노974
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of the legal principles, the Defendant did not inflict any injury on the victim as stated in the facts charged of this case, and had domestic affairs.

Even if this is a legitimate defense, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty of the facts charged.

B. The defendant guilty for an unfair sentencing

Even if the court below's sentence (500,000 won) imposed on the defendant is too unreasonable.

2. Judgment on the grounds for appeal

A. Comprehensively taking account of the evidence adopted by the court below as to the assertion of misunderstanding of facts or misapprehension of legal principles, the defendant injured the victim as stated in the facts charged of this case, and it can be recognized that it does not constitute a legitimate defense. Thus, the defendant's mistake of facts or misapprehension of legal principles

B. As to the wrongful assertion of sentencing, even though the degree of injury of the victim is minor and there are circumstances that may be considered in the background of the injury, the sentencing guidelines shall not apply where the court below selects a fine of KRW 500,000 to the defendant, in full view of all the circumstances of sentencing indicated in the arguments and records of this case, such as the defendant's age, character and character environment, relationship with the victim, motive means of the crime, results of the crime, circumstances after the crime, etc.

The defendant's improper assertion of sentencing is not justified, since it seems that the defendant was in the first place by taking into account the favorable circumstances of the defendant, and it is too unreasonable because it is too large.

3. 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.

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