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(영문) 광주지방법원 2016.09.21 2015노3564

상해

Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by a fine of one million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal doctrine, the Defendant did not look at the victim as stated in the facts constituting the crime in the judgment below.

Rather, the victim was the victim's fingers first, and the defendant was the victim's objection was omitted in the process of getting the victim's fingers back.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. (1) The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the admitted evidence as indicated in the judgment on the misapprehension of facts and legal doctrine.

(2) In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the lower court’s determination is justifiable.

Therefore, the defendant's above assertion is without merit.

(A) The victim consistently stated the following as to the developments of the instant case from the police to the court of the trial.

At the time of the instant case, a single elderly person was able to use his own dog as a bad.

In that sense, the defendant is written to the above senior citizens with the rhythm of sniffing.

2. The term “assumed.”

Accordingly, upon the defendant's protesting against the defendant, the defendant himself at his own time (the evidence records 7,20,22 pages, the trial records 49,50 pages). (b) The victim stated that "A dentist who received a drinking face from the defendant after he was given medical treatment after the instant case (the page 26 pages of the evidence records)" (C) that "A dentist who treated the victim immediately after the instant case conforms to the situation of the victim immediately after the instant case, and that the victim was suffering from chronic composite infection before the instant case, or that the victim was not suffering from chronic composite infection without any shock from the outside.

The defendant stated (117, 118 pages). (D) The defendant will thereafter be the victim.