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(영문) 대전지방법원 2018.01.11 2017노1494
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not inflict an injury upon the victim, and only the victim was married.

However, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, since the court below acknowledged the defendant's injury crime.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. The lower court determined as to the assertion of facts. 1) The following circumstances acknowledged by evidence duly adopted and investigated: (i) the victim complained of his/her injury by filing a report 112 immediately after the occurrence of the instant case, and requested the police dispatch; (ii) the victim consistently makes a statement to the effect that he/she suffered injury upon his/her face by drinking, from the investigation agency to the court of the lower court; and (iii) the victim was within the Fran branch located in Daejeon on January 23, 2016, after the occurrence of the instant case, at the time of the medical examination and treatment of the victim; and (iv) the victim’s intention at the time of the examination and treatment was “the victim was suffering from 6 weeks of internal and internal walls requiring medical treatment, internal and organizational distress at the time of the examination and treatment,” and the victim issued a medical examination certificate stating that “The victim did not appear to have been aware of the credibility of the instant medical examination and treatment records at the time of the first examination and treatment of the victim, as otherwise alleged by the victim.”

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