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(영문) 춘천지방법원 강릉지원 2020.05.07 2019노421
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. The Defendant did not have had the victim's back head faced with the wall by pushing the victim's shoulder, and did not inflict an injury on the victim.

B. The sentence of the lower court (one million won of a fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, namely, ① the victim D committed an assault by the investigative agency and the court of the court of the court below with the shoulder of the victim, ② the victim was living together with the victim at the time of the crime of this case, ② the F, E, who was living with the victim at the investigative agency and the court of the court of the court of the court below, consistently stated that the defendant committed an assault against the victim, ③ the fact that the victim and the victim were physically disabled, and ③ the fact that the victim and the victim were physically disabled, it is recognized that the defendant inflicted an injury on the victim.

Therefore, the lower court’s judgment that found the Defendant guilty of this part of the facts charged is justifiable, and contrary to the Defendant’s assertion, there was no error affecting the conclusion of the judgment

B. With respect to the assertion of unfair sentencing, the victim’s injury did not appear to be severe, and the defendant appears to have reached the instant crime by contingency, and there are circumstances to consider the circumstances leading to the instant crime.

On the other hand, the defendant has been punished several times for the same crime.

The victim wanted to punish the defendant, and did not recover from the damage.

In addition, even if the defendant's age, character and conduct, environment, circumstances before and after the crime, and various sentencing conditions shown in the arguments are considered, the sentence of the court below against the defendant is too unreasonable.

3. As the appeal by the defendant is groundless, Article 364 of the Criminal Procedure Act is not reasonable.

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