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(영문) 서울남부지방법원 2019.03.14 2018노2049
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a mistake of facts, the defendant's misunderstanding of facts did not have a beer balance, but rather has a sobrut, and the defendant did not have a sobrut for the main side, but rather had a sobrut for the main side, and the victim who was on the brut side of the brut. There is no fact that the defendant supported the victim's body by bruting the brut of the victim's brut.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. The Defendant also asserted the same purport as the grounds for appeal in the original judgment, and the lower court rejected the Defendant’s assertion by providing a detailed statement on the determination of facts.

In light of the circumstances stated by the lower court, even if the Defendant was not actively trying to cope with the victim, as long as the Defendant was her to have been her on the part of the victim, he/she recognized the possibility that at least the Defendant would be her at least her to have the her to have the beer, but allowed such risk.

In full view of the fact that it is not sufficient to recognize the willful negligence of the crime of injury, there is no error of mistake of facts as alleged by the defendant in the judgment below.

3. New circumstances or changes in special circumstances that can be reflected in sentencing after the decision of the lower court on the assertion of unfair sentencing cannot be seen.

As the court below explained in its reasons for sentencing, the defendant was punished for the same kind of crime several times, and in particular, the crime of this case was committed during the suspension period of execution of the crime of obstruction of performance of official duties, the method of crime is dangerous, the damage was not recovered, and the victim did not receive a letter from the victim, and the victim failed to commit the crime or the agreement is terminated after the crime is committed.

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