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(영문) 서울서부지방법원 2014.06.20 2013노1404
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have any false person who had a plastic reporter in the victim, etc., and there was a fact that he had a scopic angle of parking prohibition against the victim's coercion, but there was no fact when the head of the victim was scopic, and the lower court determined otherwise, and there was no error of law by misunderstanding the facts.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 500,000) is too unreasonable.

2. According to the evidence duly admitted and examined by the court below and the court below's decision on the assertion of mistake of facts, the defendant's aforementioned assertion is without merit, since it can be acknowledged that the defendant was a victim E with plastic intent, and that the defendant inflicted bodily injury on the victim by considering the head of the victim's head one time, as stated in the judgment of the court below, regardless of the prohibition of parking.

3. The victim’s injury suffered from the argument of unfair sentencing is an element of sentencing favorable to the defendant.

However, in full view of the elements of sentencing unfavorable to the Defendant, including the fact that the Defendant denies the instant crime and did not reflect, that the Defendant had been punished several times for the same criminal convictions, that the Defendant received a letter of suspicion from the victim or did not agree with the victim, etc., the lower court’s punishment is adequate.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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