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(영문) 서울서부지방법원 2017.06.08 2017노307
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant was not guilty of assaulting or injuring victims, the court below erred by finding the defendant guilty.

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

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant could sufficiently recognize the fact that the victim has inflicted an injury, and there is no circumstance to suspect the credibility of each testimony, among the evidence duly adopted and examined by the court below.

In the same purport, the judgment of the court below which found the defendant guilty of each of the facts charged of this case is just, and there is no error in law as to this point, and this part of the defendant'

B. The fact that the sentencing is unfair is that there was no history of punishment for the same kind of crime between the past 10 years, and there was no criminal record above the suspension of execution, but the defendant did not recognize his/her own mistake until the trial is held, and rather it is consistent and consistent with the defense.

Although the injury was serious, the damage was not recovered, and the agreement was not reached.

Considering the Defendant’s age, sex, intelligence, and environment, the background leading to the instant crime, the means and method of committing the crime, and the circumstances after committing the crime, the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, we cannot accept this part of the defendant's assertion.

3. In conclusion, the defendant's appeal of this case is dismissed as it is without merit. It is so decided as per Disposition.

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