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(영문) 서울동부지방법원 2015.11.06 2015노928
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Unless misunderstanding of facts or misunderstanding of legal principles assaulted the victim, it was unilaterally assaulted by the victim.

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

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, including the testimony of the court below in the judgment below by erroneous determination of facts or misapprehension of legal principles, the defendant could sufficiently recognize the fact that the defendant had inflicted bodily injury on the victim by putting the victim's face on several occasions due to the victim's parking problems. There is no room to regard the defendant's act as a justifiable act that does not violate the criminal procedure, method, degree of damage, and circumstances at the time of the crime.

B. In full view of the following circumstances: (a) the degree of damage on the grounds of unfair sentencing is not heavy; (b) the Defendant is recognized to have no criminal power prior to the instant case; (c) however, it is difficult to deem that the Defendant had made an endeavor to seriously reflect or reach an agreement on the crime; (d) the lower court’s punishment was not presented in the trial; and (e) the Defendant’s age, occupation, and family relationship, and other various circumstances that are conditions for sentencing, the sentence imposed by the lower

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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