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(영문) 광주지방법원 2017.08.09 2017노764
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (the point of harm done by the Defendant on December 2, 2012) was made on December 2, 2012 at around 17:00, when the Defendant returned to the left-hand side of the victim C (hereinafter “victim”) on one occasion. However, the Defendant’s assault by the Defendant and the victim’s injury to the right-hand side of the victim did not have considerable relation to the person.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

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

2. Determination

A. The following circumstances revealed by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly adopted and investigated at the lower court and the first instance court, i.e., the victim took the victim’s right-hand part at the E cafeteria’s station around December 2, 2012.

It is not well memory that the defendant gets out of his hands at the time, and that he was left in his hands.

피고인에게 오른쪽 귀 부위를 맞자, 뻥하면서 안 들리고 안 보이고 그랬다.

Therefore, the next day of the medical treatment was received from the hospital.

The Defendant testified with the testimony that “not later than facing the right side, there was no inconvenience for the pertinent father,” ② on December 3, 2012, the doctor M’s injury diagnosis letter to the victim of the diagnosis, and the “the cause of injury” column “the husband’s body” and “the extent and degree of injury” column “the body of the husband’s body” are written in the column “the right side and the right side and the right side side, and the expected treatment period” column “45 days from (the date of the examination, the date of the examination),” respectively, in the column “(the evidence record No. 97 pages).” On the medical record of the Defendant on December 3, 2012, the Defendant stated “C.C.” (C.comla, the main evidence No. 197 of the evidence record,” and “the Defendant’s body’s name No. 955 of the body’s body’s body of diagnosis and treatment column No. 1900, Nov. 3, 2012.

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