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(영문) 서울중앙지방법원 2013.06.20 2013노903
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not inflict any injury on the victims.

B. The lower court’s sentencing (a fine of KRW 700,000) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts, the following circumstances revealed by the court below and the evidence duly adopted and investigated by the court below. ① The victims made a concrete statement from the defendant at the time of the investigation agency to the court below regarding the reason why the victims were injured, the method of injury, the circumstances after the injury, etc.; ② The court of the first instance determined that the victim's statement was consistent, as a whole, and that the victim's statement was sufficient to receive the victim's statement itself; ② The defendant stated in the court of the first instance that "the defendant directly used the facts of assaulting the victims as stated in the facts charged", ② The defendant "J and the investigation agency submitted a statement of the contents that "the victims submitted the victim's statement" that "the victim's statement that the victim's Ha was h's chest back to the bottom of the court below, ③ the victim's victim's h was exposed to the victim's h's tension, such as the 14th day of the occurrence of the case, and the victim's h's cell phone image and h's cell phone.

Therefore, this part of the defendant's assertion is rejected.

B. It is reasonable to take into account the following factors: (a) the degree of injury to the victims on the assertion of unfair sentencing is relatively minor; and (b) the current absence of import.

However, the court below issued a summary order of KRW 1 million which has not been agreed with the victims.

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