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(영문) 서울서부지방법원 2014.07.10 2014노306
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not inflict any injury on the victim.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. The following facts acknowledged by the evidence of the court below as to the assertion of mistake of facts are: (a) the victim consistently states the facts of specific damage from the investigative agency to the court of original trial; (b) the victim reported 112 at the time (the defendant reported 112 prior to the victim's arrival at the site of the case; and (c) the defendant stated that the police arrived at the scene of 15 minutes after the dispute with the victim at the court of original trial; but (d) the defendant stated that the 112 patrols at the 112 patrols at the time of the report at the court of original trial arrived at the scene of 3 minutes after the report; and (e) the witness F of the court below, who was accompanied by the defendant's vehicle at the time of witness and the witness at the court of original instance, also stated that "the defendant was able to recognize the facts causing injury to the victim as stated in the facts charged, so there is no error in the judgment of mistake of facts."

B. Considering the circumstances, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable, in light of the fact that the Defendant denies the crime and did not repent of errors, and did not agree with the victim, and the Defendant’s age, character and conduct, motive, means and consequence of the crime, etc.

3. In conclusion, the defendant's appeal is without merit and it is so decided as per Disposition in accordance with Article 364 (4) of the Criminal Procedure Act.

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