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(영문) 의정부지방법원 2016.12.20 2016노2725
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not have any mistake of facts with the head of the victim’s flaps.

B. The lower court’s sentence of unreasonable sentencing (700,000 won of fine) is too unreasonable.

2. Determination

A. 1) In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim D stated that he had performed a flabing with the Defendant (see, e.g., 24 pages of investigation records) and the CCTV also held the back flabing of the victim as follows, and the fact that the Defendant opened a flabing with the rear flabing of the victim as stated in the judgment of the court below and flabing the flabing of the victim, the Defendant may sufficiently recognize the fact that he flabing the victim’s flabing, as stated in the facts constituting the crime in the judgment of the court below.

B. Determination on the argument of unfair sentencing is recognized. 2) However, in full view of the following circumstances, including the fact that the Defendant is aged, the Defendant was assaulted by the victim, and the victim suffered injury requiring medical treatment for about 20 days, etc., the lower court’s punishment is too unreasonable even if considering the aforementioned favorable circumstances of the Defendant, including the denial of, and not against, the Defendant’s act of crime, the failure to agree with the victim, the failure to recover from damage, the victim was punished corresponding to his/her mistake (the fine of KRW 1 million) and other circumstances, such as the Defendant’s criminal background, and the circumstances after the commission of the crime, etc., the lower court’s punishment is too unreasonable.

3. Therefore, the defendant's above assertion of unfair sentencing is without merit.

3. 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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