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(영문) 서울중앙지방법원 2017.12.14 2017노3417
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant was unable to exercise physical force against the victim F at the time of the instant case due to the fact-finding that the Defendant had a mental disorder of class 3 with mental disorder, and the period of discharge was long after surgery with the scopic scopic scopic disease.

Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case.

B. The sentence sentenced by the lower court to the Defendant (one million won penalty) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court and the appellate court based on the evidence duly admitted and investigated by the lower court, the Defendant’s misunderstanding of facts is recognized as having inflicted an injury upon the victim who suffered approximately two weeks of medical treatment due to the victim’s chest. Therefore, the Defendant’s misunderstanding of facts cannot be accepted.

The victim consistently stated in the investigative agency that “A spice, who committed suicide at the candlelight assembly site, such as G and K around January 31, 2017, went to the police agency, and the victim stated to the effect that “A spice, who committed suicide at the site of the candlelight assembly site in Jung-gu Seoul, Seoul.” At that place, the Defendant inflicted two weeks on the right chest of the victim’s right chest due to left launchings (Evidence No. 2, 3, and 7 of the evidence record). At that time, the victim was on the spot.

G and K also considered that the defendant's departure from the victim

In consideration of the fact that the statement (Evidence No. 23 of the Evidence Record), the victim received a written diagnosis from L Hospital on February 2, 2017 that he/she suffered a string of a scarfy wall that requires treatment for two weeks after he/she was sent to others. The victim's statement is credibility.

The Defendant, at the second trial date of the lower court (3rd trial record No. 167 of the trial record), led to the reversal of the confession on the ground that the Defendant was unable to exercise physical evidence at the appellate court, after having led to a confession of all the facts charged.

There is a fact that the defendant was given medical treatment with a depression or a large-scale disease.

(39) At the time of the instant case.

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