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(영문) 대구지방법원 2018.01.18 2017노3418
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an act of assaulting the victim by drinking, etc., and did not inflict an injury.

B. The punishment sentenced by the lower court (the penalty amount of KRW 700,000) is too unreasonable.

2. Determination

A. The lower court acknowledged the assertion of mistake of facts based on the evidence duly examined and adopted by the lower court, namely, that the Defendant and the victim began to dispute the issue of garbage treatment, and the police officer dispatched to the scene of the crime at the time of the crime committed a assault by the victim’s chest by hand against the Defendant who was pushed away the part of the Defendant’s breast part on his ship.

The defendant reported the case at an investigative agency, and the defendant was tightly sealed, pushed down and pushed down on the shoulder side of the victim by a physical disease from the investigative agency.

In full view of the facts stated by the victim, the victim assaulted the chest with two descendants, drinking, and physical disease, and the first testimony was made to the same effect in the court below, and the victim testified to the same effect in the court below. On December 6, 2016 after the occurrence of the case, the victim was provided with medical treatment by F Council members on December 6, 2016, and was provided with medical treatment again on December 9, 2016, and was issued with a written diagnosis for injury, and there was an entry corresponding to the violent part of the victim, such as chest pressure before the written diagnosis for injury, etc., the judgment of the court below that the crime of injury is established is just and acceptable, and there is no violation of law by mistake as alleged by the defendant.

Therefore, the defendant's assertion is without merit.

B. The fact that the defendant does not reflect the judgment on the unfair argument of sentencing, that the defendant first saw the time room for the victim to cause the dispute, that the victim was subject to the apology against his/her assault, but the defendant did not be subject to the punishment, and that the victim wants the punishment.

However, in 2006, the defendant has only 1 p.m.

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