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(영문) 대전지방법원 2015.09.16 2014노3854
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the facts of the crime No. 1 in the judgment of the court below, as to the facts of the crime No. 1 in the judgment of the court below, although the defendant was a person who did so at the time, the victim did not have a knicked fish at the time, which was the victim's knishing, knicked the victim's face, knicked the victim's body with knickly knicked knicked knick, and did not inflict an injury as stated in the facts of the crime No. 2 in the judgment of the court below, the victim did not incur an injury as to the crime No. 2 in the judgment of the court below.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts as to the crime No. 1 of the judgment of the lower court and by the evidence duly admitted and investigated by the trial court: (i) although the Defendant denies this part of the facts charged, the Defendant’s hand is recognized to have been faced with sexual harassment by the victim; (ii) the victim has consistently made a statement from an investigative agency to the court of the lower judgment that the Defendant inflicted an injury on the victim as to the facts charged; (iii) the victim reported the victim on January 29, 2014; (iv) the victim did not want the treatment of the case to the police officer dispatched after receiving the 112 report; and (v) the victim did not want the treatment of the case to the victim at the time. However, at the time, it is sufficient for the victim at the time to have had been living together with the Defendant and the victim at the time of assault because the victim suffered an external injury due to the brain, sallle, verteumum, and tension.

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