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(영문) 수원지방법원 2020.10.21 2020노635
상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The defendant does not have a misunderstanding of facts against the victim's fingers.

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

2. Comprehensively taking account of the evidence duly adopted and examined in the court below's judgment on the assertion of mistake of facts, the defendant's assertion of mistake of facts is not accepted, since the defendant could sufficiently recognize the fact that he has inflicted bodily injury by asking the victim's fingers as stated in the

3. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and in full view of all the factors indicated in the records of this case, the lower court’s sentencing was unabundled and exceeded the reasonable scope of discretion.

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

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