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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.06.22 2015노6926
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case in the absence of any injury to the victim as stated in the facts charged, on the ground that there was only a verbal dispute with the victim, and there was no physical contact with the victim. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

가. 사실 오인 주장에 관하여 원심 및 당 심에서 적법하게 채택하여 조사한 증거들을 종합하여 인정되는 다음과 같은 사정들, 즉 ① 피해자는 수사기관에서부터 원심 법정에 이르기까지, “ 피고인이 2015. 2. 21. 경 피해자의 뺨을 때렸고, 피해자가 뺨을 맞고 쓰러지자 피고인의 발로 피해자의 갈비뼈 부위를 찼다.

After that, the 119th report was made to the effect that “the victim was escorted to the hospital with the 119 first aid crew members,” and thereafter, the statement was made to the effect that “the victim was sent to the hospital as well as the 119 first aid crew members.” In full view of the circumstances described in the 119 first report that was sent to the hospital at the time, and the victim’s statement and the victim’s statement are generally consistent with each other. ② On February 21, 2015, the date of the instant case, the victim was escorted to the H hospital and received medical treatment on the same day “the first 28th medical treatment, other than the 28th medical treatment, the closure frame of the single balll, the balone parts of the balone parts of the balone, other than the 28th medical treatment, and the victim’s c) was consistent with the above statement of the victim, and the possibility of the above injury was scarded.

Therefore, the lower court’s decision that found the Defendant guilty of the facts charged of this case is justifiable and it erred by misapprehending the facts and affecting the conclusion of the judgment.

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