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(영문) 수원지방법원 2017.09.14 2017노3400

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the victim was injured by two parts of the two sides and brain sugars which require four weeks of medical treatment from the defendant on several occasions, and thus the victim was unable to accurately memory the order of the assault while the victim was subject to such assault, but on such ground, the victim’s statement was not reliable, and the judgment of the court below acquitted the defendant on the ground that there was no credibility in the victim’s statement in the facts charged of the instant case.

B. The sentence of the lower court that is unfair in sentencing (a sum of KRW 700,000) is too unhued and unreasonable.

2. Determination

A. 1 Determination as to the assertion of mistake of facts 1) The summary of this part of the facts charged is dissatisfied with the Defendant’s complaint against the Defendant’s “E” located in Suwon-si F on July 18, 2016 from 18:00 to 19:00 to 19:00, which is located in Suwon-si F, and the Defendant instructed the Defendant to “to see the Defendant, to clean the floor up,” and “to play inside,”

Miscellaneouss that have been making a big guidance were different, but why they were raised in the test.

By walking the victim's face face face, the victim was plucked beyond the victim, and the victim was plucked by plucking, plucking, plucking, bucking, saw the head, and saw the saw with saws, so that the victim was injured by two parts of the 28 days, requiring treatment for about 28 days.

2) The lower court determined that the Defendant was assaulted by the Defendant.

The victim's statement about the order of time for each physical part and each assault act is not consistent, ② in the court below, the witness G has a dispute in the process of cleaning the damaged person to the defendant. During that process, it seems that the defendant was able to see the face of the injured person and then the defendant and the victim were able to see each other, but in addition, the defendant faces the face of the injured person or takes the chest of the injured person.