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(영문) 인천지방법원 2014.07.18 2014노1201
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant did not inflict any injury by pushing the victim over the floor as stated in the judgment of the court below.

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

2. Determination:

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly investigated and adopted in the court below: ① The victim made a statement from the investigative agency to the court of the court below to the effect that “the defendant expressed to the effect that “the defendant would have expressed a serious desire for the victim’s friendship E-mail, and that “the victim would have taken a desire to do so to the young children,” and that “the defendant would have taken a part of the victim’s right hand over the floor with his left hand and pushed down the victim’s left hand, so the victim’s statement as to the circumstance and contents of the assault was consistent, concrete, and definite; ② the victim was sent to the J Hospital to the first instance court after the instant report and received treatment; ② the victim was found to have suffered from the diagnosis result, and the victim was unable to be found to have inflicted an injury on the victim beyond the category of the victim as stated in the judgment of the court below in light of the fact that the victim reported the mistake of facts as the result of the instant report by the defendant to the offender.

B. As to the assertion on unfair sentencing, there are many records and arguments, including the Defendant’s age, character and conduct, family environment, and circumstances before and after the crime, given that the Defendant had a lot of history of punishment for the same kind of crime, the process of the crime in this case, the method of the commission of the crime, the degree of injury of the victim, etc., and the victim did not take any measures for recovery from damage to the victim.

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