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(영문) 대전지방법원 2015.08.19 2015노1301

상해

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 1,500,00, and fines of KRW 500,00 for Defendant B and C.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts1) Defendant A did not have inflicted an injury on the victim as shown in the facts charged. 2) Defendant B and the Defendants expressed the victim’s desire to do so, or did not have any desire during a dispute with the victim’s lending of money. As such, there was no intention to commit insult.

B. The sentence imposed by the lower court on the Defendants (Defendant A: a fine of KRW 3 million, Defendant B, and C: a fine of KRW 1 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by Defendant A, ① the victim consistently states from the investigative agency to the court of the court below that he sustained the same injury as stated in the facts charged from the investigation agency to the court of the court below, ② CCTV images taken the site of this case also include plucking and plucking up the victim’s hand, causing damage to the part of the victim, ③ the part and degree of the injury indicated in the injury diagnosis document, and the same as indicated in the facts charged of this case, it can be sufficiently recognized that the Defendant inflicted the injury on the victim, as shown in the facts charged.

The defendant's above assertion of mistake is not accepted.

B. Defendant B and C acknowledged the fact that they expressed the victim’s desire as stated in the facts charged in this case. Since it cannot be said that the Defendants had no intent to insult solely on the ground that they were the victim of the dispute with the victim, they do not accept the aforementioned assertion of mistake of fact.

3. Judgment on the assertion of unfair sentencing

A. Defendant A continues to assert that it is difficult for Defendant A to understand, and there is no other evidence to deny the instant crime, and there is no other evidence to find any reflective color, and there was two times of suspended execution for violent crimes, and seven times of fine. The same victim is identical to the instant case.