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(영문) 서울남부지방법원 2015.08.20 2015노553
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, even though there was no need to move or park one’s own vehicle, but only resisted the above victim’s body while leaving the victim’s body, and the victim E, who observed this, tried 3-4 times the chest of the Defendant.

As such, the defendant is the victim who was assaulted by the victims, and there is no enemy who inflicted an injury by assaulting the victims as stated in the judgment below.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

B. Even if the court below found the defendant guilty, in light of equity with the victims who assaulted the defendant, the punishment (two million won of fine) imposed by the court below is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, the facts charged of this case is found guilty (F, which was committed as a relative of the defendant, stated in the police that "I think that the victim E, who had observed the above victim, was also in a fluence of drinking quality while the victim E, who had flicked the victim B, was also in a fluence of drinking quality, may have the above victim suffered from flick part). Therefore, the above argument by the defendant is without merit.

B. Examining the circumstances leading to the Defendant’s instant crime, the degree and result of damage, the circumstances after the crime, and the Defendant’s age, environment, personality and conduct, etc. and the reasons for sentencing the judgment of the lower court on the grounds of appeal, considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court’s punishment is too unreasonable, even if considering the circumstances alleged by the Defendant as the grounds for appeal.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so ordered as per Disposition.

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