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(영문) 의정부지방법원 2016.07.05 2016노802 (1)
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant was not guilty of having inflicted an injury on the victim B.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of facts is based on the evidence duly adopted and examined by the court below, i.e., the following circumstances acknowledged by the court below. ① A witness B of the court below stated to the effect that the defendant inflicted an injury on himself as stated in the facts constituting the crime in the court below's judgment, ② B was diagnosed as "the frame, etc. of a single dunes, etc. other than the first dunes at the date of March 28, 2014 (see, e.g., the 19th page of the investigation record). ③ A witness G of the court below stated to the effect that the defendant and B had observed an dules, etc. (see, e.g., the 194th page of the trial record).

2) Therefore, the Defendant’s assertion of mistake is without merit.

B. Determination 1 on the wrongful argument of sentencing is recognized as follows: (a) the defendant has no criminal record for the same kind of offense; and (b) the defendant has suffered a frame that requires approximately five weeks of treatment.

2) However, in full view of the following circumstances: (a) the Defendant denies and did not oppose the Defendant’s crime; (b) the victim B suffered a bruption that requires approximately four weeks of medical treatment; (c) the victim B did not agree with the victim B; and (d) the damage was not recovered; and (c) the Defendant’s age, details of the crime, and circumstances after the crime, etc., which are the conditions for sentencing specified in the instant pleadings, even if considering the favorable circumstances of the Defendant as seen earlier, the lower court’s punishment is too unreasonable.

3) Therefore, the defendant's above argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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