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(영문) 대구지방법원 2014.08.08 2014노596
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have any misunderstanding of facts against the victim's interest.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is excessively unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below in determining the assertion of mistake of facts, namely, the victim consistently states that the victim was deadly aware of the victim's seat, and that the witness F made a statement consistent with this, and that the defendant also made two losses, the defendant can sufficiently recognize the fact that he committed an assault by the victim. Thus, the above argument by the defendant is without merit.

B. It is recognized that the defendant has old age, health status is not good, economic difficulty is difficult, the degree of damage is minor, and there is no record of criminal punishment in addition to the suspension of indictment on charges of interference with business in 2009.

However, it is not determined that the lower court’s punishment is unreasonable because it is too unreasonable in view of the fact that the Defendant denies the crime and did not reflect the mistake, that is not agreed with the victim by the time of the trial, and that the Defendant’s age, character and conduct, the motive, means and method of the instant crime, and the circumstances after the crime, etc.

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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