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(영문) 창원지방법원 2018.07.04 2018노876

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, the victim’s injury caused by mistake of facts and misapprehension of the legal doctrine can be naturally cured after the lapse of time, even if the victim did not provide special treatment.

Therefore, the injury of the victim cannot be seen as “injury” under Article 257(1) of the Criminal Act.

(b) Sentencing (Punishment of the lower court: Imprisonment with prison labor for up to six months, and burden of litigation costs)

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, it is difficult to see that the following circumstances, which can be seen by comprehensively taking into account the evidence legitimately adopted and examined by the court below, can easily occur by an ordinary act of the injured party’s wife during his daily life. In fact, the above situation appears to have occurred from the face of the supported victim’s face, which would exceed the degree of the injured party’s wife ordinarily occurring in his daily life, and even if the injured party’s wife is minor and is not treated, a natural therapy is possible.

Even if this does not constitute the crime of injury to the injured party.

In full view of the fact that the defendant cannot be seen, and the method and degree of assault by the defendant's use of his face, the defendant can sufficiently recognize the fact that the defendant inflicted on the victim's face while walking once more than two weeks of treatment. [The defendant's contents of the commission of appraisal (in the investigation record 32 face) made by an investigative agency fall short of credibility, and the victim's legal statement conforms to his own assertion. However, the court below found the defendant guilty of the facts charged by using "the defendant's partial statement, the police statement to the victim, the victim's photograph," as evidence.

The contents of the internal investigation report (the characteristics of the suspect and the non-preparation of the victim's statement statement) and the contents of the statement statement made at the beginning of the investigation are more reliable than the above legal statement.

I am.