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(영문) 서울고등법원 (춘천) 2020.04.01 2020노12

폭력행위등처벌에관한법률위반(상습특수상해)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are true that the Defendant was the head of the victim with excessive roads under the consent of the victim, but there is no injury to the victim's two sides, bucks, and bucks.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. Regarding the assertion of misunderstanding of facts and misapprehension of legal principles, the court below held that ① the victim has consistently and specifically stated the overall criminal history of the defendant, ② the victim has been investigated by the police and taken pictures of the damaged parts, and the body part of each body part identified in the image of the photograph shows scamblingly in a scambling material within a near time. In particular, the body part of the victim's body, which occurred from head, is highly probable to contact with the two knife at the time of head scam cutting, ③ the victim's circumstance and time of the complaint also appears to be natural and natural behavior that can be taken by the victim and the defendant as a female who suffered damage using a knife from the victim in light of the relationship between the victim and the defendant, the circumstance and time of the complaint, and the degree of subsequent statements, ④ the defendant has been sentenced to criminal punishment by multiple times of violence, such as imprisonment with prison labor, the motive and method of the crime, the body part of the victim, and the victim's body part of the victim.