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(영문) 부산지방법원 2015.07.02 2015노1212
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant cannot be found to have committed mistake of facts against the victim's face.

B. Even if the Defendant’s conviction is recognized, the lower court’s punishment (one million won of fine) is too unreasonable in light of various sentencing conditions in the instant case.

2. Determination on the grounds for appeal

A. According to the record of judgment on the assertion of mistake of facts, the Defendant denied the facts charged on the date of the first trial of the court below, and led to confession of the facts charged on the second trial of the court below, and there is no circumstance to suspect the credibility of confession in the record.

In addition, in full view of the evidence duly admitted and examined by the court below, it is sufficient to find the defendant guilty of the facts charged of this case, so the above argument by the defendant is without merit

B. The Defendant applied for a formal trial after receiving a summary order of KRW 2 million as a result of the instant crime. In light of the circumstances favorable to the Defendant, the lower court ordered to reduce the fine of KRW 2 million as KRW 1 million issued in the summary order, taking into account the circumstances favorable to the Defendant. There is no change of circumstances that may be considered in sentencing from the date of the lower judgment to the date of the final trial, and other various circumstances, which form the conditions for sentencing as indicated in the records and arguments of the instant case, the sentence imposed by the lower court is too heavy.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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