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(영문) 서울중앙지방법원 2018.07.18 2018노431
상해
Text

The defendant's appeal is dismissed.

Reasons

The Defendant, who is aware of the summary of the grounds for appeal, was unilaterally abused and insultd by the victim C, and did not commit any assault against the victim.

The punishment of the court below (the amount of 300,000 won) which is unfair in sentencing is too unreasonable.

Judgment

In full view of the evidence duly admitted and examined by the court below and the court below on the assertion of mistake of facts, the defendant assaulted the victim by making kneekbbbbs by making the victim's kneekbbbs one time as stated in the judgment below.

The defendant's assertion of mistake is without merit. The defendant's assertion of misunderstanding of facts is without merit (the defendant is that a person who prices kneebbbbs in CCTV images at an investigative agency is the defendant

The testimony was made (26 pages of the evidence record), and the testimony was made as a witness of the defendant in the original trial.

D Do The Defendant and the victim had ‘mutually’ and each reinteination.

The court below stated (the 56th day of the trial record, the evidence record 31th day of the trial record). Although the defendant made an agreement with the victim when he was in the first instance trial, there was no material that was actually paid to the victim, the victim's testimony at the court below is false (the 38th page of the trial record). In full view of all other circumstances that are the conditions for the sentencing in the records and arguments, the court below's punishment is too excessive and it is not recognized that the defendant's unfair assertion on the sentencing is not reasonable, and therefore, the defendant's wrongful assertion on the sentencing is not justified.

Therefore, 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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