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(영문) 서울중앙지방법원 2017.01.13 2016노4192
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding the facts, misunderstanding the legal doctrine, and misunderstanding the victim F (hereinafter “victim”).

There is no injury as stated in the facts charged.

There was no physical contact itself.

It is in violation of the rules of evidence to recognize the result of injury only with the contents of the medical certificate which is unclear whether it was prepared properly.

The defendant sent the victim's shoulder to outside of the door.

Also, it constitutes a legitimate defense or legitimate act.

(2) The punishment of the lower court is too heavy.

B. The prosecutor (unfair sentencing)’s sentence is too minor.

2. Determination

A. The lower court’s determination as to the assertion of misunderstanding the facts and misapprehension of the legal doctrine reveals that the following circumstances acknowledged by the evidence examined by the lower court based on the evidence found in the summary of the evidence were to be met, and the Defendant appears to have inflicted injury on the victim, such as the

It does not constitute a legitimate defense or legitimate act.

The words in the investigation agency and the court of original instance regarding the background, contents, and the situation of the victim, witness, H, and G are generally consistent with the details of experience in the field.

There is no contradiction or disagreement with the exception of differences in individual expressions or perceptions of situations, and there is no attitude of exaggeration of damage.

In light of the circumstances in which it was difficult for them to know the names of each other until the crime was committed, and the Defendant’s side appears to have opened without being the occupants and opened a house, namely, to have visited the president’s room for the occupants’ representative meeting by interest, it seems that there is no reason to make a false statement in order to gather the Defendant for other reasons.

They may believe that they are in trust.

At the time of committing a crime, the defendant blicks the victim on the side of the situation, and "I am essential."

The assertion that “only the word did not have any physical contact.”

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