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(영문) 부산지방법원 2018.08.31 2018노1912
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case even though the defendant misunderstanding of facts did not inflict any injury on the victim's left eye by gathering knc. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the fact that the defendant collected pokes, which are dangerous objects on the table table as stated in the judgment of the court below, and caused about two weeks to the victim's face on one occasion, and caused about two weeks to the victim's open eye and eye around the snow.

Therefore, the defendant's above assertion is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s judgment as the materials for new sentencing have not been submitted in the trial, on the grounds that there is no change in the conditions of sentencing compared to the lower court’s judgment, and in full view of the reasons for sentencing revealed in the present argument in the instant case, the lower court’

It does not appear.

Therefore, the defendant's above assertion is without merit.

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

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