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(영문) 수원지방법원 2017.06.28 2017노1709
특수상해
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant did not have any misunderstanding of the facts and misapprehension of the legal principles on the victim’s head.

The intention of this case is not a dangerous object.

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

2. Determination

가. 사실 오인 주장에 대하여 원심 및 당 심이 적법하게 채택하여 조사한 증거들에 의하여 알 수 있는 다음과 같은 사정들, 즉 ① 피해자는 수사기관 이래 당 심 법정에 이르기까지 일관하여 피고인이 도자기로 자신의 머리를 내리치는 장면을 직접 목격하지는 못했지만 피고인과 다투는 과정에서 자신의 머리에 ‘ 쾅’ 하는 충격을 받은 후 머리에서 피가 흘러내렸다고

(2) At the time of the instant case, the victim made a statement: (a) the victim’s two sides teared and flow out according to the face of the victim; (b) the victim’s strawed straw was broken out; and (c) the victim reported the damage to the 112 immediately after the instant case; and (d) the summary of the 112 report processing statement was “the head of the driving school at the time of the instant case.”

Hack and critical situations;

b. The point indicated as "the 119Do mobilization network" (Evidence No. 102 pages), 4 At the time of the instant case, the Defendant was living on the lower floor below the Defendant's residence.

G listening to the victim’s “Trust” and reporting the victim’s appearance that he/she was going to the instant site and was sitting to the 112 report (Evidence No. 93 pages), and 5 The above G unilaterally concluded at the time that the Defendant unilaterally made a large brut and brut to the victim.

The defendant stated that he was unable to hear the victim's non-defluence at the time of the prosecutor's investigation.

The statement was made (Evidence No. 156 pages), and the victim's non-defluence was made at the court below (Public Trial Records No. 118, 119 pages), and 7 are reversed.

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