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(영문) 서울중앙지방법원 2013.10.16 2013노2783
상해
Text

The defendant's appeal is dismissed.

Reasons

1. misunderstanding of the substance of the grounds for appeal and unfair sentencing; 2. The judgment of this court

A. According to the evidence duly admitted and examined by the first instance court as to the assertion of mistake of facts, it is recognized that the defendant inflicted an injury on the victim's left side and influortal, etc. by means such as when the victim's face is crypted and sykeing him/her. Thus, the above argument by the defendant disputing this issue cannot

B. In full view of the following circumstances: (a) the Defendant has been punished two times as fines for a similar type of crime; (b) the Defendant has not yet agreed with the victim; and (c) the Defendant’s age, character and behavior, environment, family relationship, motive, means and consequence of the instant crime; and (d) the circumstances after the crime, etc., it is difficult to deem that the first instance court’s fine imposed on the Defendant is too unreasonable. Therefore, the Defendant’s above assertion disputing this point cannot be accepted.

3. Accordingly, we cannot accept the Defendant’s appeal under Article 364(4) of the Criminal Procedure Act.

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