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(영문) 춘천지방법원 강릉지원 2018.12.13 2018노265

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant did not inflict an injury on the victim, and rather was assaulted by the victim.

B. The sentence of the lower court (the amount of KRW 3 million and the cost of lawsuit) that is unfair in sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts: (i) the victim made a concrete and consistent statement from the investigative agency to the lower court on the background of the injury inflicted on the Defendant and the degree of damage; and (ii) witness E, who has no interest with the Defendant and the victim, also appears to be the same in the court of the lower judgment as “I am in front of the Defendant, so I am in front of the Defendant’s mother,” and the victim’s knife at the victim’s nose during this period.

Whether or not the defendant is ‘dle earlier’ for the victim

It was impossible to hear the phrase “...........”

In full view of the facts charged and the statement made to the effect that it conforms to the statement of the above victim, ③ the defendant sent and exchanged between the defendant and the victim at the time of the instant case, and the fact that the body fighting itself was a boom, the victim first recognized the fact that the victim was flicked with the defendant by Handphone, and the victim was flicked after the body fighting with the defendant, but the victim argued that the victim was flicked by blick, but, in light of the place and circumstances of the instant case, it is difficult to believe that the victim was flick and that the witness of this case statement to the effect that it is not consistent with the defendant’s assertion, it is reasonable to deem

Therefore, the defendant's assertion of factual mistake is rejected.

B. As to the wrongful argument of sentencing, the Defendant.