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(영문) 대전지방법원 2018.05.17 2017노2869

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was not aware of the fact that he was the victim F.

Even so, the court below held that the defendant injured the victim.

As such, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the Defendant’s assertion is without merit, as it is acknowledged that the Defendant inflicted an injury on the victim by assaulting the victim.

① The victim consistently makes a statement from the investigative agency to the court of the court below to the effect that the victim was deprived of the lower court’s right by drinking from the Defendant.

In light of CCTV images installed in the Esing club, it is not visible for the Defendant to assault the victim. However, if the Defendant and the victim were to take the face of the victim before the Esing club, then the Defendant and the victim appeared again after about one minute after moving the place, and then the victim again appears to have see as soon as possible the Defendant was absent from the Esing club, and the victim appears to have tried to see the lower limit of the Defendant.

In addition, G’s statement that is the owner of a singing club business, “The Defendant and the victim considered the CCTV that they wraped, so the victim told “the victim was obtained from the Defendant,” and the Defendant stated that “the victim was as soon as possible, and the victim wraped.”

For that reason, the victim's statement is consistent with the victim's statement that "the victim was a single line in the long time of the victim's long time."

② The victim was admitted to a 9-day or dental hospital after the occurrence of the instant case, but did so.