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(영문) 수원지방법원 2018.02.07 2017노7271

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below convicting the Defendant of the facts charged of this case, although the Defendant did not flat the victim’s flat, and the damaged person’s flat was not the part of the damaged person’s flat, but the chest was not the part of the damaged person’s flat, was erroneous.

B. The sentence sentenced by the lower court against the Defendant (an amount of one million won) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant can sufficiently recognize the fact that the Defendant inflicted bodily injury on the victim by using knick knife as stated in the instant facts charged, and by using knife knife knife in his possession, as the part of the victim’s knife.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just and there is an error of law by misunderstanding the facts as pointed out by the defendant and affecting the conclusion

Therefore, this part of the defendant's assertion is without merit.

(1) The victim made a detailed statement at an investigative agency about the background of the assault by the defendant, method and degree of the assault, etc., and CCTV images taken at the time conform to the contents of the victim's statement.

② Although the Defendant also stated that the victim was not at the time of his her flab, the Defendant made a statement that the victim was not at the time of his flab with the flab on the flab, but there was no flabing of the victim’s flab, and there was a flabing of the victim’s chest with the flab on the flab by the flab.

The defendant, who made a statement, reversed the previous statement, did not present a reasonable reason for the reason or reason for the reversal of the statement.

(3) A victim’s photo taken by a police officer dispatched to the scene at the time of the incident shall also be the victim’s photo.