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(영문) 의정부지방법원 2015.09.01 2015노1253
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the process of fighting the Defendant and the victim’s body in misunderstanding of facts, only the victim was fighting, and at the time the Defendant did not have an intention to inflict injury on the victim.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by the evidence duly admitted and investigated by the court below in 190s on the assertion of mistake of facts, i.e., the victim from the investigative agency to the court below, i.e., the victim i., e., e., the victim i e., the defendant left the bottom of the body by

Over the floor, the right shoulder and arms have been maintained.

At the victim's entrance, he/she collected the finger hand of the victim and added it together with the view of inserting it.

In full view of the following facts: “A consistent and specific statement is consistent, and there is no reasonable circumstance to suspect the credibility of the statement,” ② Injury diagnosis statement (the content that the victim suffered injury, such as the front part of the right part, the right part, the right part, etc. requiring treatment for about two weeks) conforms to the above victim’s statement; ③ the Defendant also recognized the fact that the victim was satisfing in body with the victim while fighting with the victim and satisfing the victim’s name, it can be sufficiently found guilty of the facts charged in the instant case.

2) Therefore, the Defendant’s above assertion is without merit. (B) Determination on the assertion of unfair sentencing is that the degree of injury to the victim caused by the instant crime is not relatively more severe, and that the Defendant has no recent criminal power.

2. However, considering the following factors: (a) the Defendant has four times of the same kind of violence; (b) the victim did not agree with the victim; and (c) the Defendant wants to punish the Defendant; and (d) the Defendant’s age, environment, character and conduct; (b) motive and circumstance of the instant crime; and (c) the circumstances before and after the instant crime were committed, the lower court’s punishment is too unreasonable.

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