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(영문) 서울중앙지방법원 2014.11.21 2014노2568
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant of mistake of facts only has sealed the victim C's face and has not inflicted any injury upon C.

B. In light of the circumstances surrounding the instant case of unfair sentencing and the Defendant’s occupation, the lower court’s punishment (one million won of fine) is too heavy.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the lower court may fully recognize the crime of inflicting injury on the part of the victim C, who had been guiding the passengers, and at the same time interfered with the performance of official duties, by taking into account the victim C’s scam

(Defendant was led to confession in the lower court) Accordingly, the Defendant’s assertion on this part is not accepted.

B. As to the assertion on unfair sentencing, the Defendant will peep the circumstances in which the instant crime was committed in a contingent manner.

Meanwhile, the lower court appears to have rendered a reduction in the amount of fine (2 million won) of a summary order by taking into account the following circumstances as alleged by the Defendant: (a) there is no special circumstance or change in circumstances to be newly considered in the sentencing after the lower judgment; and (b) other circumstances that form the sentencing conditions indicated in the records of the instant case, including the Defendant’s age, character and conduct, health conditions, and the circumstances after the commission of the crime, are deemed unreasonable merely because the lower court’s sentence is too unreasonable.

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

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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