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(영문) 인천지방법원 2013.10.08 2013노603

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, at the time of the instant case, abused the victim’s face on three occasions, the Defendant cannot be deemed to have suffered injury due to the Defendant’s assault, such as the bones of bones, etc. requiring medical treatment for about twelve weeks.

In addition, the victim intentionally attempted the defendant in light of the fact that the victim was assaulted with the trial cost and the 112 reporting circumstances are doubtful.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On October 7, 2012, the Defendant: (a) 00:50 on October 7, 2012, 2012, the Defendant: (b) putting the victim D (the age of 45) in front of Seocheon-gu, Seocheon-gu, Seocheon-si, and said that the victim D (the age of 45) was flickly flick; (c) dumbing the flick, flicked the flick; and (d) took part of the victim’s face to the victim’s body.

As a result, the Defendant inflicted bodily injury on the victim, such as the bones of bones, which requires medical treatment for about 12 weeks.

B. The lower court convicted all of the charges of this case on the following grounds.

The defendant argued that the victim intentionally attempted the defendant, as the victim was able to provide the victim first, and all the details of the injury caused by the report are doubtful, but even if such circumstance is acknowledged, the harmful act of the defendant cannot be denied (the defendant himself/herself has also received three times the victim's second part due to her head).

(B) The Defendant’s act is an obvious attack beyond the scope of reasonable defense that may be accepted under the social norms, and is all guilty of all, since the result of the injury, such as the 12th century macy male, etc. suffered by the victim, cannot be denied.

(c)review the case;