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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.06.05 2014노6970
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts was pushed the victim C’s chest, but did not pushed the victim C’s chest.

B. The degree of injury inflicted upon C by misapprehending the legal principles does not constitute injury.

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

2. Determination

A. In full view of the circumstances indicated by the lower court in the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the Defendant can find the fact that the Defendant inflicted an injury on the victim C’s chest and neck at around 10 times as stated in the lower judgment’s decision, and thus, the Defendant’s assertion of mistake of facts is without merit.

B. In determining the misapprehension of legal principles, injury in the crime of injury in the crime of injury to the victim’s physical integrity or physiological function is deemed to cause harm to the victim’s physical integrity or physiological function, and annoyedly, where it is difficult to deem that the victim’s chest was in violation of health conditions due to such an act, the crime is not established (see Supreme Court Decision 2010Do10305, May 26, 201). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, ① according to the victim’s injury diagnosis certificate, the victim’s injury to the victim C is aggravated, and the victim’s injury was aggravated, and the pain was required for two weeks of pain. ② In full view of the following circumstances: (a) the Defendant’s injury to the victim C was committed with the victim and the bus operation problem, and thus, the Defendant’s chest and the chest of the victim’s body was committed several times; and (b) the victim’s injury cannot be deemed to constitute annoy treatment function.

C. The degree of injury suffered by the victim on the argument of unfair sentencing is as follows.

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