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(영문) 서울동부지방법원 2017.06.02 2016노1675

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, as stated in the facts charged in the instant case, did not have inflicted an injury on the victim by assaulting the victim, the lower court erred by misapprehending the facts, thereby convicting the Defendant.

B. In light of the various sentencing conditions of this case, the sentence that the court below sentenced against the defendant (6 months of imprisonment and 2 years of suspended sentence) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the lower court may recognize the fact that the Defendant inflicted an injury by assaulting the victim as stated in the instant facts charged.

Therefore, the defendant's assertion of facts is without merit.

1) The victim consistently made a specific and consistent statement from an investigative agency on the background, content, reason, etc. of the victim’s injury due to the Defendant’s assault up to the trial below.

2) immediately after the instant case, the victim received treatment while moving to an emergency room of the Seosan Medical Center and received treatment as a drink.

I stated that CT shooting was made, and received non-alley diagnosis and treatment (the control, etc.).

3) The victim was awarded a prize for reasons other than the instant case

The medical records prepared on July 22, 2015 were prepared at approximately two months from the date of the occurrence of the instant case. However, as seen in the foregoing Section 2, it appears that the medical records prepared immediately after the instant case and CT film were prepared appropriately, and otherwise, a doctor was prepared in a false manner.

There is no evidence to see.

B. The instant case is a case where the Defendant inflicted an injury, such as an influence that requires approximately four weeks of medical treatment by assaulting the victim and the Si reserve with the victim.

① Under favorable circumstances, the lower court responded to the crime by the Defendant.