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(영문) 광주지방법원 2015.08.19 2014노3213
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is merely a bucker who spathizes a buck from the victim D and spathizes the bucks, and there was no spathnous bucks part of the victim D’s right bucks with the victim E, and there was no fact that the victim E was locked with the victim E who prevented the spathn’s door.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the court below's legitimately adopted and investigated evidence, i.e., the victim D's statement in the court of the court below to the effect that the defendant was at the time of suckbucks to the right side of the victim E, and that the victim E who suffered from the house was at the time of sbucks to the right side of the victim. ② The victim E stated in the court of the court of the court below that the defendant and the victim D were at the time of sbucks to the right side of the victim, ③ the victim's statement in the court of the court of the court below that the defendant was at the time of sbucks to the victim's statement, ③ the credibility of the victim's statement was not visible, ④ the medical certificate of the victim D (the evidence record No. 24) and the victim's photo (the evidence record No. 16 pages) correspond to the victim's statement, and all the facts that the victim used the victim E are without merit.

B. Although there are favorable circumstances such as the Defendant’s primary offender, the Defendant’s primary offender, on the other hand, committed the instant crime at the time of the elderly victims with disabilities, and the fact that the victims’ damages have not been recovered, etc. are disadvantageous circumstances. In addition, the lower court comprehensively takes account of various sentencing conditions indicated in the instant argument, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment.

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