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(영문) 전주지방법원 2016.04.14 2015노1340

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim, and the wife suffered by the victim was caused by the victim’s self-harm.

Even if the facts of assault were to be recognized, the wife suffered by the victim due to the instant crime is limited to the extent that it does not cause any impediment to daily life and can naturally be cured.B. Sentencing unfair sentencing of the lower court (200,000 won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence adopted and examined by the lower court as to the assertion of mistake of facts: ① the victim consistently and specifically stated the background leading up to the instant crime, specific form of violence, the victim’s behavior after the commission of the crime; ② the victim’s statement made as a witness in the lower court’s court; and ② the victim’s statement was credibility.

The judgment of the court below was clearly erroneous.

In light of the fact that there is no evidence to find out the situation, ③ while the injured party merely does harm to the injured party to the extent that the damaged person does so for the purpose of having a criminal punishment imposed upon the defendant, it is difficult for the injured party to easily understand it in ordinary sense; ④ The injured party was diagnosed by the fact that the damaged part of the snow on the day of the crime in this case is teared and infusing alcohol, and that approximately 2 weeks of treatment is required due to the damage of the face face at K general hospital located in J in the military court in the Gunsan City of the next day, Gunsan-si, and thus, the defendant's assertion cannot be accepted since the court below sufficiently recognizes the fact that the injured party inflicted an injury by assaulting the injured party.

B. As to the unfair argument of sentencing, it is recognized that the defendant agreed with the victim that the injured person does not want the punishment of the defendant, and that the injured person does not focus on the injured person.

However, the defendant has been punished four times for the same crime.