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(영문) 수원지방법원 2019.08.30 2019노3126

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misunderstanding of legal principles are the fact that the defendant was closely involved in the victim, but this did not cause the victim to be injured.

In addition, the illegality is excluded because the defendant's act constitutes a legitimate act that does not violate self-defense or social norms.

Nevertheless, the judgment of the court below which recognized the crime of injury against the defendant is erroneous in the misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts and misapprehension of legal doctrine, the Defendant’s act of inflicting bodily injury on the victim as stated in the facts charged and the illegality of such act can be sufficiently recognized.

Therefore, the judgment of the court below which recognized the establishment of the crime of injury against the defendant is just, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.

① The victim’s police statement, consistent with the facts charged in the instant case, is not only specific, but also reliable by objective evidence, such as CCTV images taken at the time of the instant case, caps photographs, and injury diagnosis reports.

② The victim visited the hospital following the date of the occurrence of the instant case, and received diagnosis of 's tensions' and tensions, such as the name of sick person entered in the medical certificate of injury. Since then, the victim appears to have received drug treatment for a certain period of time. In light of the relationship between the Defendant and the victim and the victim, the victim’s name and the injury on the medical certificate of injury are also consistent with the current status of damage confirmed by E police statements without any specific motive to make false statements.

According to the E’s above statements, the victim.