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(영문) 서울중앙지방법원 2018.01.26 2017노4395
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the victim of the misunderstanding of facts asked buckbucks of the Defendant, the victim did not injure the victim as described in the facts charged.

B. The punishment of the lower court is too heavy.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court determined that the Defendant inflicted an injury on the victim in the item of “determination on the Defendant’s assertion” and recognized the fact that the Defendant inflicted an injury on the victim. In light of the records of this case, a thorough examination of the evidence duly adopted and examined by the lower court is justifiable, and the lower court’s aforementioned determination is not erroneous

B. The lower court’s sentencing is not recognized to be unfair in light of the circumstances revealed by the lower court on the grounds of sentencing and the conditions of sentencing indicated in the record.

3. The defendant's appeal is dismissed.

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