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(영문) 전주지방법원 2019.01.25 2018노1530
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant was assaulted by the victim of mistake of facts, but the defendant did not assault the victim as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The Defendant asserted the same purport in the lower court, and the lower court rejected the above assertion in detail at the bottom of “the summary of evidence”. In light of the records, a thorough examination of the lower court’s judgment in light of the records, the lower court’s determination that recognized the fact that the Defendant inflicted an injury by assaulting a victim as stated in the facts constituting a crime, is justifiable, and it cannot be deemed that there was an error of mistake of facts as alleged by the Defendant.

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

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances favorable to the Defendant and the unfavorable circumstances, the lower court determined the sentence by comprehensively taking account of all the circumstances favorable to the Defendant, and there is no particular change in the sentencing conditions compared with the lower court on the grounds that no new sentencing data has been submitted in the trial. In full view of the various sentencing conditions indicated in the records and arguments in this case, the lower court’s sentencing is too unreasonable and thus, does not seem to have exceeded the scope of reasonable sentencing discretion.

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

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

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