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(영문) 부산지방법원 2018.11.09 2018노1965

상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the first trial date, the Defendant explicitly withdrawn the remainder of the arguments, excluding misunderstanding of facts, mental and physical weakness, and unfair sentencing.

1) In fact, the Defendant was assaulting the victim on two occasions on the left hand day, and did not inflict an injury on the victim as stated in the judgment of the court below.

2) At the time of the instant case, the Defendant was physically and mentally weak.

3) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court’s determination is just and acceptable, and there is no error of misunderstanding of facts as alleged by the Defendant, as otherwise alleged in the lower judgment.

The defendant's assertion of mistake is not accepted.

(1) A victim has consistently suffered bodily injury from an investigative agency to the court of original instance by assaulting the defendant, as described in the facts charged, consistently.

The reasons why the victim suffered injury, the part of the injury, the situation before and after the case, etc. were specifically stated, and no circumstance exists to suspect the credibility of the victim's statement.

② The wooden E made a consistent and detailed statement with an investigative agency to the effect that “the Defendant and the victim were fighting their body and the victim was present before the victim when the victim was the victim,” in relation to the process of the victim’s bodily injury by attending the court of the court below.”

This is consistent with the statements of the victim.

③ Other objective evidence, such as the victim’s photograph and duty record, taken immediately after the instant case also.