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(영문) 서울중앙지방법원 2014.11.07 2014노2655
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant does not have any fact or injury on the victim’s face when misunderstanding of facts.

The first instance sentencing of the defendant on the inappropriate sentencing (two months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment) is too unreasonable.

B. The first instance sentencing of the Defendant against the prosecutor (unfair form of punishment) is too uneasible and unfair.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the Defendant’s assertion of mistake of facts, the Defendant’s assertion of mistake of facts is not accepted since it can be acknowledged that the Defendant inflicted bodily injury on the victim, in consideration of the victim’s face by hand for the same reasons as the date and place of the judgment of the first instance court, and the fact that the victim inflicted bodily injury on the part of the safe, excellent, salt, and the two parts of the judgment requiring medical treatment

B. We examine both the Defendant and prosecutor’s assertion of unfair sentencing on the grounds of unfair sentencing.

Even though the defendant has been sentenced to a fine due to the same crime several times, he/she has committed the crime of this case repeatedly and repeatedly, and considering the details, motive, etc. of the crime, it seems that it is not good that the defendant has committed the crime of this case and the light of his/her own nature is insufficient

However, at the investigation stage, the defendant has agreed to compensate for damage to the victim and the degree of injury suffered by the victim is not significant.

In addition, considering the various circumstances that form the conditions of sentencing as shown in the records, such as the Defendant’s age, character and conduct, environment, and family relationship, it is not deemed that the first instance court’s punishment is too heavy or unreasonable.

Therefore, we cannot accept all the arguments on unfair sentencing by the defendant and prosecutor.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are done under Article 364(4) of the Criminal Procedure Act.

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