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(영문) 광주지방법원 2021.02.04 2020노2698
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not inflict any bodily injury on the victim, which is a dangerous thing like the facts charged.

B. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court’s judgment on the assertion of mistake of facts

Out of, the victim's bodily injury is a beer part of the right hand of the victim's bodily injury, and the defendant went out of the court while the defendant went out of the court.

However, in the police investigation, the police investigation showed that the table was placed on the floor of the above "C cafeteria" and went outside it.

In full view of the facts that the statement, such as the statement, is reversed, the defendant can be recognized as having inflicted bodily injury on the victim as shown in the facts charged.

A judgment of conviction was pronounced.

2) According to the evidence of the above deliberation, the above judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant.

subsection (b) of this section.

This part of the defendant's assertion is not accepted.

B. The fact that the defendant did not know even though he was under the suspension of the execution of imprisonment with prison labor and led to the instant crime is disadvantageous to the defendant.

On the other hand, the degree of injury suffered by the victim is not significant, and the victim does not want the punishment of the defendant is favorable to the defendant.

In addition, in full view of all the sentencing conditions as shown in the pleadings, such as the Defendant’s age, sex, family environment, motive and background of the crime, and circumstances after the crime, the Defendant’s assertion is not acceptable on the grounds that the lower court’s punishment is too unreasonable.

3. 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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