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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.04.02 2015노653
상해
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In a mistake of fact, the Defendant asserted the victim who committed assault, and only saw the victim's chest part of the chest, and did not inflict any injury on the victim as stated in the facts charged in the instant case.

B. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, this part of the defendant's assertion is not accepted, since it is sufficiently recognized that the defendant inflicted injury on the victim as stated in the facts constituting the crime in the judgment of the court below.

B. The Defendant does not appear to be against the instant crime, and the victim’s damage was not recovered from the trial up to the trial. In full view of the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the instant crime, degree of damage, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion on this part is also rejected.

3. In conclusion, the defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the defendant's appeal is to be borne by the defendant pursuant to Articles 191 (1), 190 (1), and 186 (1) of the Criminal Procedure Act.

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