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(영문) 수원지방법원 2015.07.08 2014노7353

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles by a mistake of facts and misunderstanding of legal principles, and there is no fact that the Defendant merely saw that he had stuffed with a bad hand, but did not fluencing the arms of the victim or fluence

Even if the defendant was found to have been in favor of the victim, the victim cannot be deemed to have inflicted an injury on the right shoulderer due to the defendant's act as a person who has symptoms of habiting a habit, and thereby, caused the victim to the right shoulder.

Nevertheless, the court below found Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant and the Defendant’s defense counsel at the original court’s trial, and the lower court rejected the above assertion by providing a detailed statement of the Defendant’s and the defense counsel’s assertion under the title of “determination of the Defendant’s assertion”

In full view of the following circumstances admitted by the court below based on the evidence duly admitted and investigated by the court below, the above judgment below is just and there is no error by misapprehending the facts or by misapprehending the legal principles, and the above assertion by the defendant is without merit.

(1) While some of the applications, etc. for the preparation of the victim are deemed to have been distorted, the victim consistently states that the investigative agency and the court below made a consistent statement that the victim, when the victim was living on the right side of the victim, he she gets off the right side of the victim and got out of the part of the victim's shoulder, and that the victim's statement is credibility.

Dor victim shall be a medical corporation immediately after the occurrence of the instant case.