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(영문) 서울북부지방법원 2017.11.03 2017노961
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant is not guilty of committing a crime against the victim.

The statements of the victim are false.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted by the evidence duly admitted as to the assertion of mistake of facts, the fact that traffic congestion has occurred due to the contact accident between the defendant's vehicle and another vehicle, and the victim demanded the defendant to move the vehicle as he/she prevents.

In full view of the results of the examination by the lower court as well as the circumstances before and after the instant case, the attitude of the Defendant and the victim, the developments leading up to the fighting, the statement made by the Defendant to the investigation agency, etc., the facts charged of the instant case are fully

The court below's rejection of the same argument as the defendant alleged in the grounds of appeal, and it is justifiable to find the defendant guilty.

The defendant's assertion of mistake is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

We do not accept the defendant's unfair argument of sentencing.

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

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