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(영문) 인천지방법원 2015.10.29 2015노1914

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred in the misapprehension of facts on the ground that the defendant, by mistake of facts, was aware of the victim's face by hand, but did not have inflicted an injury upon the victim's face when taking the victim's face by drinking, but the court below recognized that the defendant was injured by the victim.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, when the defendant and the victim operated each vehicle, the victim left the vehicle while driving the vehicle, and when the victim stopped the vehicle, the defendant takes a bath as the victim's vehicle, and the defendant and the victim brought about a dispute with the victim by putting a large amount of money, and the victim from the police to the court of the court below. The victim consistently stated that "the victim was faced with the face of the victim who was standing in the vehicle due to drinking by the defendant, the victim was suffering from the defect in the vehicle, and the victim again taken the face of the victim by drinking," the victim cannot get the victim's left side by preventing the victim from getting out of the vehicle from getting out of the vehicle and the door of the vehicle. On the day of this case, the victim suffered an assault for 2 weeks from the hospital, the victim suffered an injury to the victim, and the victim did not accept the victim's body of diagnosis from the hospital, and the victim suffered an injury from the hospital.

B. The Defendant committed the instant crime again even though he/she was punished several times due to violent crimes, and operated the Defendant’s vehicle.