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(영문) 서울동부지방법원 2019.06.27 2018노1512

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding the defendant only assaults the victim by drinking, and does not inflict any injury on the victim by using implements.

B. The lower court’s sentence of unreasonable sentencing (fine 6 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court found the Defendant guilty according to the evidence duly admitted and investigated.

Following the evidence duly admitted and investigated by the court, i.e., the victim was unable to clearly identify the tools used by the defendant (the victim stated at an investigative agency that he/she would know of what he/she had no mental mind), but the victim was assaulted by the defendant himself/herself, and the victim was forced to do so, followed by the escape from the defendant, and the victim was found to have been in an emergency room of the E hospital, and the victim was transferred to the emergency room of the E hospital, accompanied by the police officer and stated that 6 times scambling was conducted on July 6, 2017, and the victim was diagnosed by two scamscl, etc. from the Otype and the victim was diagnosed by another reason, or that the victim did not sufficiently doubt the credibility of the victim's statement, and even if the victim did not sufficiently recognize the victim's injury with the police department and the Ethic police department through the assault of the case, the victim and the Ethic police department did not clearly recognize the victim's injury.

In the judgment of the court below, there is no error of law affecting the conclusion of the judgment by misunderstanding facts as alleged by the defendant.

B. As to the assertion of unfair sentencing, the victim’s injury is less severe.