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(영문) 서울북부지방법원 2020.04.09 2020노127

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. The defendant does not have any misunderstanding of facts against the victim's head due to beer's disease.

The statements made by the court below in each court below as evidence of guilt are not consistent with the contents of the statements concerning the circumstances before and after the assault, and it cannot be found that the statements made in the medical examination report alone are not sufficient to recognize the injury of two weeks.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

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

2. Determination

A. 1) According to the victim’s assertion of mistake, F’s legal statement in the original trial, and E’s partial statement in the original trial, the following facts may be acknowledged. ① The Defendant, while drinking together with G, a single-lopped female-friendly G and drinking, had done a dispute, and the victim was working on the immediately next table (1m distance) on the ground that the victim was working on the Defendant. ② Of Sivic, he was frighting the beer’s disease that occurred on the Defendant’s job, and the victim was frighted to flick and flick the Defendant. During that period, the Defendant was flick and flicked on the part of the victim’s left head, and the Defendant was flicked on the part of the victim’s disease. ③ The Defendant was flicked on the part of the victim’s disease, but the Defendant did not flick on the part of the Defendant’s witness, and the Defendant was flick on the part of the victim’s disease.