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(영문) 서울고등법원 2018.05.03 2018노64

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

misunderstanding the substance of the grounds for appeal or misunderstanding the legal principles, only the defendant did not inflict an injury on the victim by misunderstanding the victim's head debt, or by drinking the victim's head.

The defendant's act of securing the victim's head is a legitimate act because it is for the victim to find the cell phone of the defendant by getting the victim away.

Nevertheless, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine that found the Defendant guilty of inflicting bodily injury.

The punishment of the court below (one million won) which is unfair in sentencing is too unreasonable.

Judgment

As to the assertion of misunderstanding of facts or misapprehension of legal principles, the lower court rejected the Defendant’s assertion in detail, on the ground that the Defendant alleged the same purport as the grounds for appeal, and on the judgment of the lower court, “the judgment on the Defendant and the defense counsel’s assertion”

Comprehensively taking account of the circumstances revealed by the lower court and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the fact that the Defendant inflicted bodily injury on the victim and did not constitute a justifiable act. Therefore, the lower court’s judgment that found the Defendant guilty of the instant facts charged is justifiable, and there was no error by misapprehending the legal doctrine or misapprehending the legal doctrine as alleged by the Defendant.

Therefore, the defendant's assertion is without merit.

1. On February 2, 2016, the victim met at the police on February 2, 2016, “The defendant set a sphere by hand and sphere two sphere.

He n't fl't fl's head, fl't fl's head and fl't fl't head in the wall, and fl't head with empty fl's disease.

콘크리트 벽에 저의 머리를 밀어 찧었고, 빠져나가려고 하자 배와 왼쪽 허벅지 부위를 발로 찼습니다

“Statement” and July 21, 2016.