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(영문) 광주지방법원 2016.12.15 2016노153

상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding: With regard to the crime No. 1-A of the facts stated in the judgment of the court below, the defendant was only sealed the chest of the victim, and there was no fact when he was chest. In relation to the crime No. 1-B., with regard to the crime No. 1-B., the defendant was only sealed and shaking the victim's lux belt, and there was no fact when she was the victim's lux. In relation to the crime No. 2, the defendant did not commit an assault by putting down the victim's lux under the lower part of the defendant's lux, and shot down the back of the victim's lux.

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

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence of the Defendant’s assertion of mistake of facts, the lower court’s judgment that convicted the Defendant on the ground that the Defendant was sufficiently aware of the fact that the Defendant abusedd and injured the victim as stated in the facts

1) Criminal facts No. 1-A of the judgment of the court below: ① After receiving the report from the police officer, the victim stated consistently to the court of the court below that the defendant her chest was drinking the victim's chest, and consistently visited the hospital on the ground of the chest pain on the day of the crime of this case. ② The defendant himself recognized the fact that she was salbing the victim's bomb, and the fact that she was injured by the victim themselves. ③ The defendant was investigated as the victim in other cases related to the victim, and made a statement that "on March 25, 2015, d (the victim of this case) 1-B of the criminal facts of this case."

1. The victim stated that the victim brought the victim's back to the court of original trial relatively consistent from the beginning of the investigation to the original trial.

② The victim shall begin to commit the instant crime.