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(영문) 인천지방법원 2019.08.09 2018노4189

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (the part of the crime of injury in the market) does not result in an injury by causing the victim to be pushed ahead.

Rather, even if there was no physical contact between the defendant and the victim, the victim was issued a medical certificate because it was partially cut back to the difficulty of the defendant.

Therefore, the judgment of the court below which found the defendant guilty of inflicting bodily injury on the victim is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (two million won of fine) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the judgment of the court below as to the assertion of mistake of facts (the part concerning the crime of injury in the market) can be recognized that the defendant inflicted an injury by breaking the victim's breath and destroying the victim's breath, as stated in its reasoning. The defendant's assertion that the judgment of the court below based on this conclusion is just and acceptable, and that the judgment of the court below erred in misunderstanding of facts is not acceptable.

Victim: Dond dye dye breath,

Don't dye.

Defendant

G. G. H. H. H. H. H. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. M. T. M. M. M. M. M.: H. M. M. M. M.

Defendant

: this brin has been partially cut in part of the stringus, brugs.

The young head of a son, the victim of a son’s son: the defendant: the victim of a son’s son’s son: the victim of a son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

The victims of this brush, brush, sick brus: 4: brush, brush

Defendant’s self-defense: sea-defense, sea-defense, width-deb. Defendant: width, width-off, width-off, bath, and bath: First, the victim was required to do so.

Defendant

B. : A. B. The victim must do so.