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(영문) 수원지방법원 2016.06.29 2016노1331

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles are limited to the fact that the injured party was injured while booming the Defendant’s breath and booming the breath, and did not inflict an injury on the victim, such as the facts charged.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts and legal principles, the following circumstances recognized by the court below comprehensively based on the evidence duly adopted and examined at the court below. ① The victim expressed to the effect that “the victim saw that the opening of the victim was changed on the road before the defendant’s house around August 3, 2015, and the victim expressed that “the victim saw that the defendant was able to live in the body of the victim, and the defendant was able to bring about a breath because the breath of the defendant’s breath of the breath of the breath of the breath of the breath of the breath of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 20th of the 2015.