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(영문) 광주지방법원 2019.03.27 2018노3821
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of this part of the facts charged, although the injury of the victim's victim's injury among the injury caused by the crime of mistake of facts in this case was not caused by the assault of the defendant due to the medical history that had existed in the existing victim from the past, is erroneous

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 800,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined at the court below's decision on the assertion of mistake of facts: ① The court below acknowledged that the intention in charge of the victim's medical record book is presumed to be an existing bottle, not an injury to the left-hand side of the crime of this case; ② there is no evidence to acknowledge that there is an existing bottle on the right-hand side of the malicious and the right-hand side of the victim; ② The victim's medical record on the day of the crime of this case was "this has been broken off," and the opinion in charge was diagnosed that there is a shock of legal ditch in the upper right-hand side, the upper right-hand side is cut off, and that there was an injury to the victim. ③ On December 12, 2017, the victim suffered an injury to the right-hand side of the victim, ⑤ The victim still suffers from an injury to the victim, i.e., the victim's oral testimony and the right-hand side of the crime of this case.

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