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(영문) 서울고등법원 2017.01.12 2016노3169
중상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant’s assertion (1) In fact, the Defendant was assaulted once by the victim, and there was no injury by the victim or by the head of another place, and even if the victim suffered injury by the Defendant’s assault, the victim suffered injury.

Even if the injured party against the knife knife of the Defendant, and the illegality was dismissed as it constitutes a legitimate defense, the lower court found the Defendant guilty of this part of the facts charged.

(2) The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.

B. The Prosecutor’s assertion that the above sentence declared by the lower court is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. As to whether the injury of the victim was caused by the Defendant’s assault, the lower court made the same assertion as the grounds for appeal in this part at the lower court, and the lower court consistently stated that ① the injury inflicted on the victim’s head’s head’s head’s head’s part does not begin beyond the stop status, but appears to have occurred in the process of making it difficult to accelerate the victim’s head’s head’s part and going beyond the stop status; ② the victim’s right side of the day of the instant case’s case’s part immediately inside and outside the right side of the victim’s right, and the Defendant consistently stated at the investigative agency to the effect that “the victim’s snowd by drinking” was “the victim’s snowd by drinking,” and ③ as alleged by the Defendant, the victim went beyond the congested at home during the night.

Even if it is not easy to go beyond the victim, and it seems almost impossible to inflict injury on the victim's degree, and ④ in an urgent situation where the victim has to undergo an operation due to his/her unknown consciousness, the defendant asked FF to change the location of the victim's house, and ⑤ The victim asked F to put the clothes to be asked for the victim's house and the shoulder-proof disease, and ⑤ The victim is the victim.

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