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(영문) 서울동부지방법원 2013.09.13 2013노667
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the misunderstanding of facts cited by the Defendant of misunderstanding of facts, the fact that coffees were made up on the floor by the wind that the victim gets knife his hand, the lower court erred by misapprehending the fact and misunderstanding the fact that the Defendant spreads the coffee on the victim’s head, but did not have any fact that the Defendant convicted him of this part.

B. The lower court’s sentence of an unreasonable sentencing (a fine of KRW 300,000) imposed on the Defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined at the court below, namely, the victim had expressed his desire to dispute with the defendant in an investigative agency, and the defendant has spreaded his coffee to his head, and made a concrete statement on the circumstances, and the victim has been asked with his head, it can be sufficiently recognized the fact that the defendant spreads the coffee to the victim's head, such as the facts stated in the judgment of the court below.

Therefore, the defendant's above assertion is without merit.

B. In light of the following circumstances: (a) the Defendant committed the instant crime with the victim, and the Defendant committed the instant crime; (b) even though there were circumstances to be considered in light of the circumstances; (c) the Defendant was old; (d) the lower court imposed the penalty by reducing the penalty amount of the summary order by taking account of the circumstances favorable to the Defendant; and (e) the Defendant was punished; and (e) other circumstances, including the motive and background leading up to the instant crime; (b) the motive and background leading up to the instant crime; (c) the Defendant’s character and conduct, environment, occupation, and family relationship, the sentence imposed by the lower court is too unreasonable

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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