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(영문) 서울서부지방법원 2015.12.10 2015노1260
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an injury by assaulting the victim as stated in the facts charged.

B. The sentence of an unreasonable sentencing (one million won of a fine) by the lower court is too heavy.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of fact, and the fact that the defendant, in particular, recognized all the facts constituting the crime at the court below, the defendant may fully recognize the facts that the defendant inflicted an injury by assaulting the victim as

This part of the defendant's assertion is without merit.

B. The fact that the defendant agreed with the victim on the assertion of unfair sentencing and that the defendant appears to have reached the crime of this case contingently is an element of sentencing favorable to the defendant.

However, the fact that the defendant denies and does not reflect the crime, and that the defendant has been punished several times of punishment including imprisonment with prison labor for the same kind of crime is an element for sentencing disadvantageous to the defendant.

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be said that the sentence of the court below is too unreasonable.

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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