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(영문) 서울남부지방법원 2014.10.17 2014노1036
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant merely taken the victim's her son with the floor of hand, but did not have the victim's face by drinking it, and there is no proximate causal relation between the Defendant's assault and the injury of the victim.

Nevertheless, the court below erred in finding the Defendant guilty of the facts charged of this case by misunderstanding the remaining facts that believe the statements of the victim with no credibility.

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

2. Determination

A. The victim of a mistake of facts consistently asserts that the victim's statement has credibility since the investigative agency to the court of the court below by consistently asserting that he/she exceeded her her blick with the victim's blickness, and thus, the victim's statement has credibility. Accordingly, according to such victim's statement, the fact that the defendant was forced to go beyond her victim by considering the victim

Furthermore, as to whether the victim suffered injury as stated in the facts charged due to the Defendant’s assault, the following circumstances revealed by the evidence duly adopted and examined by the court below, namely, ① the victim stated that “the victim was placed on the corner (at the entrance of the restaurant),” and the victim stated that “F, who was on that spot, was sitting on the match floor, was only the victim left the match, but the victim complained of the f, who was immediately after the f, visited the emergency room of the G Hospital as well as the f, and did not make the statement that the Defendant was f, while the Defendant was working at F, even if the statement was made by F, it appears that the victim’s statement was more reliable with the victim’s statement; ② the victim’s situation beyond the victim’s statement that the victim was f, and the victim’s f, who was faced with the surrounding things, may suffer from an imminent injury.

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