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(영문) 서울서부지방법원 2017.07.13 2017노384
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was faced with the victim due to a sudden dropping of a book in a way that prevents him from getting off, and the Defendant was not against the victim on purpose.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the witness E and F’s respective legal statements in the lower court as to the assertion of misunderstanding of facts, the Defendant, while getting off a narrow decline, did not avoid the victim, but did not go against some of the victims.

full recognition may be accepted.

Therefore, this part of the defendant's assertion is rejected.

B. In light of the circumstances leading up to the Defendant’s instant crime, the degree of injury of the victim, the victim’s failure to recover damage, and other various conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, relationship with the victim, etc., the sentence of the lower court is too unreasonable.

Therefore, this part of the defendant's assertion cannot be accepted.

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.

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