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(영문) 서울서부지방법원 2014.05.02 2013노1125
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts constituting a crime in the judgment of the court below, misjudgments the Defendant, on the ground that there was no injury to the Defendant by exposing the victim’s timber by selling it, and thus, the court below found the Defendant guilty.

B. The sentence of an unreasonable sentencing (1.5 million won of a fine) of 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 facts, the defendant can sufficiently recognize the fact that the defendant inflicted an injury on the victim as stated in the facts constituting the crime in the judgment below, so the above assertion by the defendant is without merit.

B. The circumstances favorable to the defendant include the fact that the defendant did not have the same power and only has the history of fine, the fact that the defendant reflects the victim's vision, and the fact that the defendant committed contingent crimes under the influence of alcohol.

However, considering the fact that the defendant denies the crime, the agreement with the victim or did not compensate for damage, the degree of injury suffered by the victim, the motive, means, circumstances before and after the crime in this case, the age, character and conduct of the defendant, the sentence of the court below is proper.

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

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