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(영문) 대전지방법원 2015.05.22 2014노3899

상해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 is merely a misunderstanding of facts by itself, and there is no fact that the Defendant inflicted an injury on the victim. 2) The lower court’s sentencing (one year of imprisonment with prison labor, one year of suspended execution, and 40 hours of community service order) is too unreasonable.

B. The lower court’s sentencing is too unjustifiable.

2. Judgment on the defendant's assertion of mistake of facts

A. According to the evidence duly adopted and examined by the court below, and the statement of the reply to the fact inquiry, the victim's injury of this case occurred due to the shock of her tex, and at the time, the victim complained of the her tex, and according to this fact, the victim complained of the her tex, and the defendant can be found guilty of the facts charged that the victim suffered the injury of this case in consideration of the defendant.

B. In light of the following circumstances, the victim has credibility in the statement made by the police and the court of first instance, and according to the evidence duly admitted and examined by the court below, the fact that the defendant inflicted an injury on the victim can be sufficiently recognized. Thus, the above erroneous determination of facts is without merit.

1) Although the victim’s statement was somewhat inconsistent with the detailed part of the detailed part, the statement on the part, method, situation, etc. in which the defendant suffered bodily injury from the defendant is replaced by not only the specific part, but also the part that was prepared by the police but also the court of the court below. 2) Daejeon Hospital doctor E in the Daejeon Hospital’s written diagnosis of bodily injury against the victim prepared on March 12, 2014, which was the date of the instant crime, stated in [the name of the disease] No. 2 summary summary summary, [the degree and degree of the injury] summary summary, and dunes,” and according to the results of the inquiry into the head of Daejeon Hospital in the Daejeon Hospital, the victim complained of the part attached to the essential part at the time when the above hospital was established on March 12, 2014, which was the date of the instant crime, and the above injury was caused by the abortion by external force.