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(영문) 청주지방법원 2017.10.26 2017노227

상해등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, there was a dispute between the Defendant and the victim B on the part of the facts charged, and thus, the Defendant did not inflict an injury upon the victim B as stated in the facts charged. However, there was no fact that the Defendant inflicted an injury upon the victim B, as stated in the facts charged.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts and the ancillary charges added at the trial of the party

A. The summary of this part of the facts charged is as follows: 1) The Defendant injured the Victim B (main facts charged) on June 17, 2016 by the Defendant: (a) around 11:40 on the 17th day of 2016, and around H located in Chungcheongnam-dong G in Chungcheongnam-dong, Chungcheongnam-do; (b) the Victim B (55 tax) who is a village resident, and (c) the Defendant flag, “a

Ep. The same sphere must live equally.

After the victim called “,” he saw the victim’s face at one time, knee and knenee, knee and knenee part of the victim’s spathy, thereby causing injury to the victim, who is in need of approximately four weeks of medical treatment.

2) On June 17, 2016, the Defendant, at around 11:40 on June 17, 2016, committed assault (preliminary charges) against the Victim B, a resident of the same village, and reported that the Defendant she she sheed around the victim B (55 years old) (55 years old).

Ep. The same sphere must live equally.

After making the word “the victim,” he saw the victim’s face at one time, knee and knenee, and assaulted the victim by walking the victim’s gnee part on two occasions.

B. The lower court found the Defendant guilty of primary charges on the grounds of the Defendant’s legal statement in the lower court, the protocol of interrogation of the police suspect B, the protocol of the police’s statement about N, and the written diagnosis of injury.

(c)

1) Determination of the deliberation of the party is 1) Determination of the primary facts charged in the relevant legal principles, and the written diagnosis of injury is the victim's statement.