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(영문) 춘천지방법원 2014.01.08 2013노588
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the victim of a mistake of fact assaulted the victims to receive a medical examination and treatment, the victims received medical examination and treatment is merely limited to the extent of receiving medical treatment for the victim or simple physical treatment, and there was no hindrance in daily life, and thus, the victims cannot be deemed to have suffered bodily injury due to the Defendant’s assault.

B. The court below’s sentence of unreasonable sentencing (the fine of 1.2 million won) 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, the defendant can be sufficiently convicted of the facts charged in this case including the fact that the defendant inflicted injury upon the victims, so the above argument by the defendant is without merit.

B. We examine the argument of unfair sentencing, even though there is no record of criminal punishment by the defendant, the crime of this case is deemed bad in light of its content, and the reason or motive for the crime of this case does not appear to have any circumstances that may be considered in light of the nature of the crime, the reason or motive of the crime of this case, the defendant did not take any practical measures to recover damage up to the trial, and the defendant did not reach an agreement with the victims, and the court below sentenced a fine of 2 million won notified in the initial summary order to 1.2 million won, and the court below sentenced the defendant to 1.2 million won, and there was no change in circumstances at the trial, and considering other various conditions of sentencing as shown in the arguments such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, the court below's sentence is deemed appropriate

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

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