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(영문) 대전지방법원 2016.12.15 2016노1080
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The victim of misunderstanding of facts, first of all, did not injure the victim, as stated in the facts constituting the original judgment, only when the defendant saw the victim one time by drinking and boomed the victim's bridge, and did not inflict any injury on the victim.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. The following facts and circumstances found by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, namely, ① the victim has consistently made a specific and consistent statement about the damaged facts to the investigation agency and the court of the court below, ② the defendant also recognized that some assault was inflicted on the victim; ③ The victim's chest was exposed to the victim's chest, and ④ the victim was treated on April 14, 2015, after the occurrence of the instant case, by non-divoral and flapsing, etc., and the victim cannot be deemed to have suffered injury due to any other reason other than the defendant's act. In light of the above, it is sufficiently recognized that the defendant suffered injury as stated in the judgment of the court below.

Therefore, the defendant's above assertion is without merit.

B. It appears that the Defendant does not entirely reflect his mistake on the assertion of unfair sentencing, and rather criticizes the victim, and the instant crime consents to the Defendant’s chest by going beyond the victim and walking the victim’s chest. Therefore, the crime of this case is very poor in light of the form of the relevant crime, etc., and the degree of injury suffered by the victim is considerably significant.

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