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(영문) 부산지방법원 2016.01.14 2015노3206
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not assault the victim by using violence against the victim, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. Even if the sentencing is found to be guilty against the Defendant, the lower court’s punishment (amounting to KRW 700,000) is too unreasonable in light of various sentencing conditions.

2. Judgment on the grounds for appeal

A. Comprehensively taking account of the following circumstances acknowledged by the court below by comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the fact that the defendant injured the victim and assaulted him can be sufficiently recognized as stated in the judgment of the court below.

Therefore, the defendant's above assertion is without merit.

① The victim of the instant crime submitted a written complaint to the police and made a statement to the court below to the effect that “the Defendant committed the instant crime, from the time of the investigation to the court below, she was able to take the victim’s head knife and face with the front part of the victim’s knife and the left part of the knife, knife, etc., and the escape was faced with the victim’s hand knife (see, e.g., evidence record 7,8,41, 70, 71 of the trial record, 71 of the trial record).” No reasonable circumstance was found to suspect the credibility of the statement, and the victim’s statement (see, e.g., the evidence record 48,49, and the trial record 75 through 78 of the trial record) also conforms with the victim’s statement.

② On July 31, 2014, on the date of the occurrence of the instant case, the victim took photographs of the upper parts of the victim’s face, neck, hand, etc. (see, e.g., evidence records 55 through 57). The victim issued a medical certificate to the effect that the victim suffered diversys, injury, etc. requiring approximately two weeks of treatment from Mne foreign countries. In addition to the Defendant’s assault, other causes are attributable to the victim.

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