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(영문) 대전지방법원 2018.01.24 2017노3395
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the facts charged, did not cause any injury to the victim as otherwise, and the house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant structure”) was owned by the Defendant’s husband, thereby infringing on the structure of the victim.

shall not be deemed to exist.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the process and contents of the injury inflicted by the Defendant from the investigative agency to the lower court as stated in the instant facts charged, and the situation before and after it, are relatively consistent in full view of the following: (i) the victim appears to correspond to the victim’s statement; and (ii) the victim’s diagnostic certificate of injury and the report processing slip of 112 reported case, can be sufficiently recognized that the Defendant sustained injury on the victim.

2) The following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court in the lower court regarding the intrusion of a structure, i.e., (i) the victim has been owned until now since the purchase of the instant structure on April 6, 1973 and the registration of ownership transfer was made; and (ii) the Defendant’s husband acquired the ownership of the instant structure.

In full view of the fact that it is difficult to find evidence to determine a seal, and ③ the Defendant’s access to the instant structure without the victim’s permission, etc., the evidence sufficiently recognized that the Defendant invadedd the victim’s structure.

B. A favorable circumstance is that the degree of injury of the victim to the wrongful argument in sentencing is relatively not much severe, and that the defendant seems to have failed to physically and mentally.

However, the defendant commits the same crimes.

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