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(영문) 서울남부지방법원 2013.11.21 2013노1496
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding of the facts that the defendant was faced with the main disease in the wall, but there is no fact that the victim's head was faced, and there is no injury.

Nevertheless, the court below convicted the defendant of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's punishment (two million won of fine) declared by the defendant is too unreasonable.

2. Determination

A. Examining the various evidences duly adopted and investigated by the court below in light of the records, the court below is justified in finding the defendant guilty of the facts charged in this case on the ground that it is sufficiently recognized as a crime of injury, such as the entries in the facts charged in this case, based on the determination of evidence as stated in its reasoning, and it cannot be said that there was any error affecting the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and his defense counsel. Thus, this part of the defendant and his defense counsel's assertion is without merit.

B. On June 14, 2012, the Defendant committed the instant crime without being aware of the fact that he/she had been sentenced to a fine of one million won by the Seoul Southern District Court on the part of June 14, 2012, and without being aware of the fact that he/she committed the instant crime, the Defendant did not properly repent his/her mistake, the Defendant did not recover damage to the victim, and there are no special circumstances or changes in circumstances that may be considered in sentencing newly after the sentence of the lower judgment, and other various circumstances that form the conditions for the argument and sentencing as indicated in the instant case, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, should be reversed.

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