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(영문) 수원지방법원 2016.07.22 2016노294
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, as stated in the facts of the crime in the judgment below, did not have inflicted an injury on the victim by assaulting the victim, the court below found the Defendant guilty of the facts of the crime in this case, which affected the conclusion of the judgment.

B. Even if the charge of the instant case’s sentencing is found guilty, the sentence (3 million won) imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. The lower court acknowledged the assertion of mistake of facts based on the evidence duly admitted and investigated by the lower court, namely, that the victim was at least five times the Defendant’s cell phone face by plucking, plucking, plucking, and cutting off his/her cell phone on the wall.

In light of the fact that the defendant consistently made a statement, and the degree and degree of the injury as stated in the photograph and the injury diagnosis certificate against the victim (in the inside of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the inside of the face, salute, salute, salute, salute, salute, salute, and salute) correspond to criminal facts, it can be sufficiently recognized that the defendant inflicted an injury on the victim by assaulting the victim as stated in the facts of criminal facts in the judgment of the court below. The statement made by the witness J of the trial of the party which was additionally examined in the trial of the party

B. Although both the Defendant and the victim were assaulted by both the Defendant and the victim, the victim is recognized as being subject to a disposition of non-prosecution by the prosecution by the intention of the Defendant who was not subject to punishment, and the degree of injury to the victim, but does not deny the instant crime until the Defendant was in the trial. The Defendant did not reach an agreement with the victim, and the victim did not reach an agreement.

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