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(영문) 광주지방법원 2018.05.31 2017노3102
상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of injury to Defendant A (1) in the judgment of the court below, the Defendant unilaterally committed an assault against Defendant B at the time, and did not cause an injury by assaulting B.

Although the court below found the defendant guilty of the defendant's injury, the court below erred by mistake of facts.

(2) The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended sentence, two years of observation of protection, two years of community service work, 120 hours) is too unreasonable.

B. Defendant B (1) At the time of the instant case, the Defendant was assaulted by Defendant A, but there is no fact that the Defendant suffered an injury to the extent that it can be assessed as an injury in the crime of injury.

Although the court below found the defendant guilty of the defendant's injury, the court below erred by mistake of facts.

(2) The sentence of the lower court’s unfair sentencing (4 months of imprisonment, one year of suspended sentence, one year of observation of protection, one year of community service, 80 hours) is too unreasonable.

2. Determination

A. (1) According to the evidence duly adopted and examined by Defendant A et al. by Defendant A et al. and the first instance court, in particular, according to the legal statements, written statements, diagnosis, CCTV images of Defendant B et al., Defendant A et al., as stated in paragraph (a) of the crime No. 1 of the lower judgment, may sufficiently recognize the fact that Defendant A she inflicted bodily injury on the victim B while fighting with the victim as stated in paragraph (1) of the crime.

Defendant

A’s assertion of mistake of facts is without merit.

(2) The injury of Defendant B refers to the injury of the victim’s physical integrity or impeding physiological functions.

In the event that there is no difficulty in natural therapy and daily life as it is extremely minor accompanied by violence, it can be said that it does not constitute the injury of the crime. However, this is based on the premise that there is no assault, which is the same as the wound that would normally occur in the daily life.

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