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(영문) 서울북부지방법원 2019.03.22 2018노2082
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts committed a telephone conversation without causing any damage to A, but A assaulted the Defendant with the time frame.

The judgment of the court below is erroneous in the misunderstanding of the cause and process of the case due to consistent testimony of A.

B. The lower court’s sentence (two million won of fine) against the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. In full view of the following facts and circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the trial court as to the assertion of mistake of facts, i.e.,: (a) the Defendant recognized all the facts charged during the first trial of the lower court that received the assistance of counsel; (b) the victim A consistently stated that he was injured by assault from the Defendant; and (c) the victim A submitted diagnosis in conformity therewith; (d) according to the victim’s face photographs immediately after the occurrence of the case, the fact that the victim was injured is confirmed (the eight pages of the evidence record); (iv) the E message sent by the Defendant to the victim, stating that “The victim was sent to the victim and reported to 112, while he escaped (Evidence No. 17 of the evidence record).”

The defendant's assertion of mistake is without merit.

B. Although the dispute between the defendant and the victim on the assertion of unfair sentencing seems to have been induced by the victim, the degree of assault and injury inflicted by the defendant is more than that of assault and injury inflicted on the defendant.

The defendant has been punished several times for the same crime even before.

After the instant case, the Defendant did not make efforts to compromise with the victim, such as sending messages expressing the victim’s sentiment.

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