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(영문) 대구지방법원 2016.08.10 2016노212
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (3 million won) is too unreasonable.

B. In full view of the statements, diagnosis statements, etc. by the victim of the misunderstanding of facts, the court below acquitted the victim of each charge although the defendant could sufficiently recognize the fact that the victim inflicted bodily injury as stated in the crime sight table Nos. 1 through 4 and 6 as stated in the attached Table No. 1 of the judgment below, and the court below acquitted the victim of each charge. The judgment of the court below

2) The above sentence sentenced by the lower court is too unhued and unfair.

2. Determination

A. Examining the evidence of this case as to the prosecutor's assertion of mistake of facts in detail in light of the records, the court below, on the grounds stated in its reasoning, committed an injury by assaulting the victim, such as the victim's statement or statement No. 1 to No. 4 and No. 6 of the sight table No. 1 to No. 6 of the crime committed in the judgment of the court below.

The decision of not guilty of each part of the facts charged is justified, since it cannot be determined otherwise and there is no other evidence to acknowledge it, and the decision of not guilty of each part of the facts charged is justified, and there is no violation of law as alleged by the prosecutor

Therefore, prosecutor's assertion is without merit.

B. It is recognized that there are cases where the defendant and the prosecutor's argument about the unfair sentencing of the defendant and the prosecutor's each of the unfair sentencing of the defendant and the prosecutor together with regard to each of the unfair sentencing of the defendant and the prosecutor, the defendant had a record of punishment for the same kind of crime, the degree of injury is not less and less

However, considering the fact that the Defendant has no criminal history heavier than the fine, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, the sentence imposed by the lower court is deemed appropriate.

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