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(영문) 대전지방법원 2016.05.27 2015노3242
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was not guilty of assaulting the victim G.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3.5 million) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, namely, ① the victim G made a specific and consistent statement in the police about the course and content of the instant crime, and the circumstances before and after the damage, and the explanation of the situation is reasonable and reasonable, ② the statement by C conforms to the victim G’s statement, ③ the Defendant’s statement is consistent with the victim G’s statement in the lower court.

In full view of the fact that “the Defendant made a statement,” etc., the Defendant may fully recognize the fact of assaulting the Victim G as stated in the facts charged.

The defendant's assertion of mistake is without merit.

B. It is favorable for the Defendant to have reached an agreement with the victim H, and there is no record of punishment exceeding the fine.

On the other hand, the crime of this case is disadvantageous to the fact that the defendant under the influence of alcohol assaults many victims and damages property, and the extent of the injury suffered by the victim H (including about 28 days at least two cage cage cage cage cage cage cage cage cage cage cage cage cage cage cages), etc.

In addition, comprehensively taking account of the motive and background of each of the instant crimes, means and methods, the circumstances before and after the commission of the instant crimes, and other circumstances, such as the Defendant’s age, sex, career, and environment, the sentence of the lower court is too unreasonable.

There is no reason to believe that the sentencing of the defendant is unfair.

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. It is so decided as per Disposition.

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