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(영문) 광주지방법원 2015.07.07 2014노2255
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was assaulted by the victim and did not commit any bodily injury by assaulting the victim.

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

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the fact that the victim B’s investigation agency and the court of the court of the court below have inflicted an injury on the victim by assaulting the victim in light of the fact that the victim B’s statement at the investigation agency and the court of the court of the court of the court below can be believed to be consistent with the part that was abused by the defendant, and that E at the scene of the case stated in the court of the court of the court of the court below that “the defendant and B engaged in flabing, smuggling, spathing, spathing, and spawn with each other, and that there is no circumstance to suspect the statement of

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

B. As to the assertion of the chief of sentencing department, the Defendant did not recover from damage caused by the instant crime; the victim B’s crime of assaulting the Defendant, which became final and conclusive by having received a summary order of KRW 700,000 from the Gwangju District Court Decision 2013Da3098, and taking full account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other various circumstances that form the conditions for sentencing as indicated in the instant records and arguments, such as the circumstances after the crime, etc., the lower court’s sentence against the Defendant is too unreasonable.

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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