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(영문) 서울중앙지방법원 2016.09.23 2016노1121 (3)
상해
Text

We reverse the judgment of the first instance court.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. In fact, although the Defendant was aware of the victim’s head collection and trace, the Defendant did not commit an injury to the victim’s head, she did not go beyond the victim, and she did not have caused the fluencing frame by breaking the shoulder.

B. The sentence of first deliberation (6 months of imprisonment) on sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined in the first instance trial as to the assertion of mistake of facts are relatively consistent with the victim E’s statement: (i) the victim E, from the investigative agency to the court of first instance, that “it is identical in the process of resisting the head debt from the Defendant, but exceeds the Defendant’s head debt, and the Defendant’s head debt was chiefly broken down; and (ii) the victim was present at the scene at the time.”

J “The Defendant and the victim, in his toilet, her own body fighting. The Defendant and the victim fighting one another’s body fighting one another’s hair and sleep each other’s head, and sleep back and slick, and sleep each other’s head, but the Defendant did not follow the shoulder of the victim.

The talked that they are selling from the injured party.

(3) In full view of the fact that the Defendant was diagnosed to have been treated as an emergency room in Youngdong-dong 3rd Hospital immediately after the instant case, and that the Defendant was diagnosed to have been laid down on the left-hand edge at the above hospital, the Defendant may be found to have inflicted an injury on the next victim due to the shoulder part of the victim, as stated in the first instance court’s judgment, in the process of disputing with the victim.

Therefore, the defendant's assertion of factual mistake is rejected.

B. As to the wrongful assertion of sentencing, the fact that the victim suffered an injury requiring seven weeks of treatment, and the fact that the damage was not recovered at all is disadvantageous to the Defendant.

However, the defendant and the victim are fighting with each other under the influence of alcohol.

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