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(영문) 인천지방법원 2020.02.13 2019노2969
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not agree with the victim’s conviction by mistake of facts.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. The lower court also asserted the same purport in the judgment of the lower court, and determined that according to consistent statements from the victim’s investigative agency to the lower court’s trial, CCTV images at the time of the crime, etc., the Defendant was fully aware of the fact that the Defendant gave rise to the victim’s legitimacy as stated in the instant facts charged.

In light of the following circumstances, according to CCTV images that were duly adopted and examined by the court below at the time of the crime, the court below's aforementioned determination is just and acceptable, and contrary to the fact that according to the following circumstances, according to the CCTV images that were duly adopted and examined by the court below, the defendant confirmed that the part of the victim's party platform was cut off, the victim's party platform was confirmed, and the victim was sent to the scene by the police upon the 112 report, and the photograph taken by the police after being dispatched to the scene, the victim's party platform part was confirmed, and there is no error of law of mistake of facts, such as the defendant's assertion.

Therefore, this part of the defendant's argument is without merit.

B. Comprehensively taking account of the various circumstances that form the conditions for sentencing as indicated in the instant case, including the fact that the Defendant had been punished several times for the same offense, the Defendant did not reflect the instant crime, and the victim did not make any effort to recover from damage, etc., the sentence imposed by the lower court is too unreasonable and unreasonable.

Therefore, this part of the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit.

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