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(영문) 인천지방법원 2015.10.02 2015노2181
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In a case where a misunderstanding of facts is recognized as a fact of assaulting the victim as stated in the judgment of the court below, even if the king of the victim affected the result of the injury, the causal relationship between the result of assault and the injury of the victim is recognized, and as long as the victim and witness were notified of the health condition of the victim at the time of assaulting the victim, the possibility of predicting the result of the harm is also deemed to exist

Nevertheless, the court below found the defendant not guilty as to the injury of the defendant, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one million won of a fine) is too unhued and unreasonable.

2. As to the assertion of mistake of fact

A. On December 17, 2014, the Defendant assaulted the victim on December 17, 2014, 10:0, Nam-gu, Incheon, Nam-gu C, 708 Dong-gu, 516, and caused the victim to suffer injury, such as a right-to-hand aggregate, which requires treatment for about six weeks.

B. The lower court determined that the crime of injury by assault cannot be punished on the ground that it was difficult for the Defendant to anticipate that the victim was injured due to an assault to the extent that the victim was shakeing the victim’s breath to the degree that the victim was satisfing the bridge, etc., due to an assault to the extent that it was difficult for the Defendant to anticipate that the victim was injured by an assault to the right breathy, etc., which requires 6 weeks treatment, due to the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court.

(i) On December 22, 2014, prepared G by the doctor G, the injury diagnosis report on the victim was conducted on March 11, 2014, with preservation treatment on the right-side aggregate set forth on March 11, 2014, and due to the gold water.

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