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(영문) 광주지방법원 2014.06.11 2014노609
상해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of injury in this case by mistake of facts, there is no fact that the victim's walked twice outside the bucks of the victim, but there is no fact that the part of the bucks of the victim's bucks of drinking once.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's duly adopted and investigated evidence regarding the assertion of mistake of facts, i.e., ① the victim consistently stated from the investigative agency to the court of the court below that "the defendant made one time a part of his or her luminous bones"; ② the diagnosis letter for the injury of the victim, the day following the day of the diagnosis of the injury of the victim, which is the next day of the crime of the injury of this case, corresponds to the statement as to the cause or circumstance of the injury of the victim, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below; and ② the diagnosis letter for the injury of the victim, which is the day following the day of the crime of the injury of this case, the main disease is "satisfe and inside," and the degree and degree of the injury are stated as

B. The instant crime of this case on the assertion of unfair sentencing is a favorable condition, such as the fact that the Defendant inflicted injury on the aged in 26 years of age than himself, and the nature of the crime is not weak; that the Defendant’s sexual assault was allowed; that the Defendant did not agree with the victim; on the other hand, there was no criminal conviction exceeding the fine on the part of the Defendant; that there was considerable reason to consider the motive and circumstance of the instant crime; and that there was considerable reason to consider the motive and circumstance of the instant crime; the lower court’s punishment is somewhat unreasonable, taking into account the circumstances leading up to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc.; thus, this part of the Defendant’s assertion is with merit.

3. In conclusion, the defendant's appeal is justified.

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