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(영문) 대전지방법원 2018.06.14 2017노3753
상해
Text

The defendant's appeal is dismissed.

Reasons

The defendant who misleads the defendant as to the summary of the grounds for appeal (misunderstanding of facts and improper sentencing) does not have any fact that he/she was injured by both arms of the victim, nor did he/she inflict any injury on the victim.

The sentence of the lower court that is unfair in sentencing is too unreasonable (the amount of KRW 800,00).

Judgment

In the lower court’s determination as to the assertion of mistake of facts, the Defendant made the same assertion as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion and found the Defendant guilty on the charges, following the column for “a summary of evidence”, by explaining the Defendant’s assertion and judgment (the fact that the Defendant inflicted an injury on the Defendant in light of the victim’s medical certificate

Examining the judgment of the court below and the court below in comparison with the evidence duly adopted and examined, the above judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant in the judgment below.

subsection (b) of this section.

Therefore, the defendant's assertion of facts is without merit.

The sentencing of an unfair claim for sentencing is a discretionary judgment that takes into account the conditions for sentencing prescribed in Article 51 of the Criminal Act, on the basis of statutory penalty, within a reasonable and appropriate scope.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

2.2

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