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(영문) 서울중앙지방법원 2019.07.05 2018노2587
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the victim of mistake of fact was damaged by the defendant, and the victim was out of the court.

The victim of the classical death was in excess of

Even if the injured party's wife is a minor part of others' daily life that can easily occur, it cannot be seen as an injury, or there is no causal relation with the injured party's beyond the victim.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. In full view of the following facts and the circumstances cited in the lower court’s duly admitted and investigated evidence as a whole, the fact that the Defendant inflicted an injury on the victim can be sufficiently recognized, taking into account the following facts and the circumstances inferred therefrom.

① All victims C and witnesses consistently from the police investigation to the original court’s trial, and the Defendant consistently stated in the indictment that “hnee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-k

Therefore, even if the indictment is corrected without changing the indictment, it does not seem to substantially obstruct the defendant's exercise of his/her right to defense, such correction shall be made ex officio.

I stated that there was an error in the report.

(2) When the Defendant was unable to keep memory as to whether he was the victim at the time of the initial police investigation, the Defendant’s statements are inconsistent, such as the alteration of his identity that he was the victim and was the victim.

(Evidence Records 49-50 pages). B

It does not seem that new circumstances or special changes are reflected in the sentencing after the decision of the court below on the assertion of unfair sentencing is rendered, and furthermore, the defendant is able to have the previous case.

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