상해
The defendant's appeal is dismissed.
The costs of the original judgment and the trial shall be borne by the defendant.
1. Summary of grounds for appeal;
A. In other words, the Defendant did not have any misunderstanding of facts and misapprehension of the legal principles on the victim’s eye, or when she took the victim’s eye, face, and neck.
Even if the Defendant committed such an act, the Defendant
Even if the victim’s injury diagnosis report is “each injury, etc.”, the victim’s injury diagnosis report does not constitute an injury under the Criminal Act.
Even so, the court below held that the defendant injured the victim.
As such, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The punishment of the lower court (six months of imprisonment, one year of suspended execution) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the record as to the assertion of misunderstanding of facts and misapprehension of legal principles, the defendant injured the victim.
The judgment of the court below is just, and there is no error of misunderstanding of facts or of misunderstanding of legal principles as alleged by the defendant.
(1) The victim statements from investigative agency to the court of the court below to the effect that "the defendant has knife the snow part of the victim in his car by hand, and the defendant has taken the face and hiff by his hand even after the victim getting off from the train," and is consistent with its important part.
② The witness E also states that “the defendant showed the face of the victim in the vehicle and the defendant saw the face of the victim after the victim gets off from the vehicle, thereby complying with the victim’s statement.
③ The Defendant asserts to the effect that it is difficult to believe the above injury diagnosis in consideration of the fact that it was stated in the self-check report on July 4, 2017, 2017, and the fact that it was stated in this additional document, but, on July 26, 2017, KK that prepared the above injury diagnosis report and the diagnosis report. < Amended by Act No. 14839, Jul. 2, 2017>